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H1-B Non Cap Exemption -- with H1B Expired -- Eligibility -- Urgent Help!!

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  • H1-B Non Cap Exemption -- with H1B Expired -- Eligibility -- Urgent Help!!

    I had an Initial H1-B work permit whose approval notice was valid from Oct 2006 till Mar 2009 (29 Mar). I was working in US from Nov 2006 till Oct 2008 using this H1-B work permit. Before I exited US in Oct 2008, my employer applied for my H1-X (Extension of this initial H1-B work permit) which got approved in Nov 2008 and was approved for the duration of Mar 2009 (29 Mar) till Feb 2011. Post that there has been no extensions filed as I was in India since Nov 2008 and has never been to US again nor used the H1-X for any Visa Stamping. Now, I am planning to apply for H1-B in 2014 (FY 2015). However, I want to know if I will be eligible for cap exemption as am confused whether the effective date of my Initial H1-B approval (i.e., Oct 2006) will be used for Cap expiry calculation (for 6 years CAP exemption) or the latest H1-X approval (i.e., 29 Mar 2009) will be used. If the latest is used, then I think I am eligible for Cap exemption as it is less than 6 years from now. Also, I heard that if the beneficiary has stayed in US for less than 4 years (which is valid in my case as I have stayed only for 2 years/less). Can someone please confirm if my extension approval will be considered to calculate out of cap exemption? Also, my employer has lost (so far not found) the H1-X but I have the H1-X acknowledgement receipt notice from USCIS. In the worst case of not having the latest (H1-X) I797 approval, is it possible to use the receipt notice to apply for the CAP exempt petition? This would be valuable information to me as otherwise I would need to go through CAP quoto with lottery system as it happens in the past few years.

  • #2
    Just to add, though the latest H1-X I797 (that expired in Feb 2011) is lost, USCIS had approved it from 29 Mar 2009 till Feb 2011 and there are records in my company. Hence, I am looking for 2 clarifications here:

    1) Am I eligible for CAP exempted H1-B to apply this year? If so, am eligible unti what period i.,e 29 Mar 2009 + 6 yrs = 29 Mar 2015?

    2) If I am eligible for CAP exempted H1-B, then is it possible that my employer can apply for the same with only acknowledgement receipt notice of the H1-Extension (which was approved by USCIS from Mar 2009 - Feb 2011) without I797 Approval notice? Will it be accepted by USCIS (that USCIS can refer the ack receipt notice and receipt# in the ack receipt to look up their repository for the lost but approved I797)?

    Based on this, I wanted to decide whether to go for H1-B cap quota of FY 2015 or CAP Exemption if eligible.

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