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H1 B Cap Exempt, PETITION EXPIRED, VISA NOT STAMPED

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  • H1 B Cap Exempt, PETITION EXPIRED, VISA NOT STAMPED

    I have a question with regard to my existing H1-b Cap.

    One of the previous Employer (Say Company A) filed H1-B for me in April, 2007 and I got approval in October, 2007. I got I-129 and I-797 Documents. My petition was valid from 01-Oct-2007 to 13-Aug-2010.

    However, my H1-b never got stamped and I left this company in May, 2008, so they may not have cancelled the petition till that date, however I do not know whether they have cancelled it or not.

    Now my present employer (Say company B), and to file H1-B for me.

    Can I use the same cap and utilize non-exempt category ? IF so then what is the last date till the time I can utilize it to get it stamped ? How much will I get to work in U.S.A. ?

    Thanks,
    -Karnav

  • #2
    Originally posted by Karnav View Post
    I have a question with regard to my existing H1-b Cap.

    One of the previous Employer (Say Company A) filed H1-B for me in April, 2007 and I got approval in October, 2007. I got I-129 and I-797 Documents. My petition was valid from 01-Oct-2007 to 13-Aug-2010.

    However, my H1-b never got stamped and I left this company in May, 2008, so they may not have cancelled the petition till that date, however I do not know whether they have cancelled it or not.

    Now my present employer (Say company B), and to file H1-B for me.

    Can I use the same cap and utilize non-exempt category ? IF so then what is the last date till the time I can utilize it to get it stamped ? How much will I get to work in U.S.A. ?

    Thanks,
    -Karnav
    There isnt much clarity available on this. But I would say that if one was Cap counted within last 6 Years or if one was in US in H1 status within last 6 years and the entire 6 Years hasnt been exhausted then the remainder time on H1 can be re captured.

    In your case you were not in US on H1 in last 6 Years so I am afraid it might not be usable. Also, you were not part of the last 6 H1 Caps (2009, 10, 11, 12, 13, 14) so you may not be eligible.

    This is my opinion not legal advice.

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    • #3
      Hey raghvi,

      Thanks for you answer.

      Can you point out someone who can provide legal advice ?

      Thanks,
      -Karnav.

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