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Unused, Unstamped, Approved and Expired H1B petition - eligibility for CAP Exemption

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  • Unused, Unstamped, Approved and Expired H1B petition - eligibility for CAP Exemption

    Hi Guys!

    I'm in India. A company in US filed H1B for me and I got the approval for the period 2006 to 2009.

    But I never got it Stamped. Till now I never travelled to US.

    Am I eligible for CAP exemption now, if a company wants to file H1B for me?

    Thanks.

  • #2
    Yes
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Yes
      Thank you. Please let me till whch year I will be exempt from CAP.

      Comment


      • #4
        Hello, Ravinder.

        See if this old thread on H1B recapture helps you.

        http://www.immihelp.com/forum/archiv.../t-103162.html

        Cheers,

        Originally posted by Ravindr Kr View Post
        Thank you. Please let me till whch year I will be exempt from CAP.
        These are my personal thoughts. I am not a professional.

        Wishing you luck.

        Comment


        • #5
          Unused H1B petition query

          I have approved H1B visa petition on 30 Aug 2010 but I din't used that petition and stamped the visa.
          After I changed the company I traveled to US on L1B visa.
          My visa expired on 30 Apr 2014 and applied for L1B extension that also get rejected on 30 June 2014.
          But I have I94 valid till 15 Aug 2016.I am in US now,
          Is it possible to use last company H1B visa petition

          Comment


          • #6
            Originally posted by bhushanblue View Post
            I have approved H1B visa petition on 30 Aug 2010 but I din't used that petition and stamped the visa.
            After I changed the company I traveled to US on L1B visa.
            My visa expired on 30 Apr 2014 and applied for L1B extension that also get rejected on 30 June 2014.
            But I have I94 valid till 15 Aug 2016.I am in US now,
            Is it possible to use last company H1B visa petition
            There was no need for you to apply for extension when you already had a I-94 till 2016. As for usage of H1 petition, the employer can use it to file cap exempt petition.

            Also do remember if at all you decide to use the old H1, then your H1 duration at max can be 6 Years minus time already spent in L1 status.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by kabkaba View Post
              Yes
              Hi All,

              I got my H1B petition in 2008 and was valid from 10/01/2008 to 09/24/2011. I never went for Visa stamping or I have switched job and now my new company wants to apply for H1B. I am just wondering if we could apply for CAP exempt.

              Now, it is more than 6 years. Does it make any difference?

              Thanks,
              Sumit

              Comment


              • #8
                My line of thought says you need to be cap counted in last 6 Years. As you were cap counted more than 6 Years back you may not be cap exempt. Check with an attorney.

                This is my opinion not legal advice.

                Comment


                • #9
                  H-1B Cap exepmt

                  Dear Immihelp Members,

                  Big cheers to all of you who take your time out and helping guys out here.

                  I have a specific query, could you help me, please?

                  My H-1B petition was approved in March 2012 with a validity till January 2013. I stopped further processing of my visa at DS160 stage owing to personal reasons - I never appeared for PA and my visa was never stamped. I understand the petition is valid for 6 years (till March 2018) and my employer is now willing to sponsor a H-1B visa under cap-exempt category (the same employer who sponsored in 2012).

                  I have never traveled to USA under any visa, till day.

                  I would like to know, how long will I be able to stay in USA with a new H-1B. Will I be forced to come back to India in March 2018, or (assuming my employer agrees to sponsor for Visa extension) will I be able to stay in USA 6 years from the date of my entry to USA.

                  Your information will be very critical in planning my future. Could you help me?

                  Thank you in advance.

                  Videsha

                  Comment


                  • #10
                    H1B Cap exempt with B1/B2 travel

                    Hi Guys,

                    Through employer A I got my H1B approval from 2006 to 2009. After working in US for 2 years I came back in 2009 and started working for employer B (India office).
                    Employer B (US office) filed the petition for H1B under cap exempt in 2011 while I was on business trip and got my approval from 2011 to 2014. This time I worked for only 1.5 years and came back in 2013 to continue working for the same employer B (India office). During 2009 to 2011 I visited US on business visa multiple times.
                    In all I have worked for only 3.5 years out of 6 years. Now can employer B (US office) file again for my H1B under cap exempt for the remaining 2.5 years? If so, can the duration of my business trip stays be recaptured for H1B petition?

                    Thanks in advance.

                    Comment


                    • #11
                      Yes, they can file. Only the time that you have spent in U.S in H1B status will count towards the 6 year period. The time that you spent on B1/B2 will not count.

                      Originally posted by bpk View Post
                      Hi Guys,

                      Through employer A I got my H1B approval from 2006 to 2009. After working in US for 2 years I came back in 2009 and started working for employer B (India office).
                      Employer B (US office) filed the petition for H1B under cap exempt in 2011 while I was on business trip and got my approval from 2011 to 2014. This time I worked for only 1.5 years and came back in 2013 to continue working for the same employer B (India office). During 2009 to 2011 I visited US on business visa multiple times.
                      In all I have worked for only 3.5 years out of 6 years. Now can employer B (US office) file again for my H1B under cap exempt for the remaining 2.5 years? If so, can the duration of my business trip stays be recaptured for H1B petition?

                      Thanks in advance.
                      Not a legal advice. Use of this information is strictly at your own risk.

                      Comment


                      • #12
                        Originally posted by shervin143 View Post
                        Yes, they can file. Only the time that you have spent in U.S in H1B status will count towards the 6 year period. The time that you spent on B1/B2 will not count.
                        Thanks Shervin.

                        Comment


                        • #13
                          cap-exempt

                          Dear Immihelp Members,



                          My H-1B petition was approved in March 2014 with a validity till december 2014. My visa got stamped in passport but I never travelled to USA and employer revoked the same in October 2014. I understand the petition is valid for 6 years (till March 2020)


                          I would like to know, do I belongs to H-1B visa under cap-exempt category?
                          Thank you in advance.

                          Comment


                          • #14
                            CAP EXEMPT H1B Expired Petition

                            Hi,

                            I have a question regarding my H1B petition.

                            My H1B visa petition was expired in Feb 2018. I never got my H1B visa stamped so I never been to US.
                            My queries are as follows.

                            1) How to get stamped with expired petition?
                            2) Do I need to change my employer?

                            I would really appreciate if someone can give answers to my above questions.

                            Thanks.

                            Comment


                            • #15
                              Originally posted by go2prashant View Post
                              Hi,

                              I have a question regarding my H1B petition.

                              My H1B visa petition was expired in Feb 2018. I never got my H1B visa stamped so I never been to US.
                              My queries are as follows.

                              1) How to get stamped with expired petition?
                              2) Do I need to change my employer?

                              I would really appreciate if someone can give answers to my above questions.

                              Thanks.
                              1. You cannot.
                              2. No need.

                              An employer can file a new, cap-exempt petition for you, and once that has been approved, you can go for stamping.
                              Just an opinion; Not legal advice.

                              Comment

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