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Cap exempt H1B validity

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  • Cap exempt H1B validity

    Hi All,

    I have a question about cap exempt H1B

    I got H1B(I797) with company A in 2007 which I didn’t use it. Company B processed H1B using the earlier I797 from company A in 2008 and got another I797 till 2011, I didn’t use this either.

    As my second I797 processed in 2008, Am I eligible for CAP exempt till 2014 (2008 + 6 years) or 2013 ( 2007 + 6) ? I mean cap exempt H1B has to be used within 6 years of original approval date or latest approval date ?

    Thanks in advance

  • #2
    Latest. They may even go by the expiry date, giving you until 2011+6=2017.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Latest. They may even go by the expiry date, giving you until 2011+6=2017.
      Thanks for replying Kabkaba. Appreciate your help

      Comment


      • #4
        Originally posted by kabkaba View Post
        Latest. They may even go by the expiry date, giving you until 2011+6=2017.
        Hi, could you advise if I have a unused H1b with expiry date of dec, 2007, am I eligible to apply under cap exempt since my expiry is within 6 years?

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        • #5
          They don't have clear guidance on whether they will use the expiry date or start date for this purpose. If going by expiry date, you have until Dec 2013.
          This is my opinion and not legal advice.

          Comment

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