H1B CAP Exempt

[snehanew]

Hi,

I had a H1B visa issued in OCT 2009 expiration in SEP 2011.I was US for a project from JAN 2010 to APRIL 2010.Then i returned to India & changed to a new company in India & i am out of US after that.For a brief period I visited US on B1 visa in SEP 2012 TO OCT 2012.

Am i eligible for H1B with CAP exempt this year or i have file for new H1B petition?

[raghvi]

Hi,

I had a H1B visa issued in OCT 2009 expiration in SEP 2011.I was US for a project from JAN 2010 to APRIL 2010.Then i returned to India & changed to a new company in India & i am out of US after that.For a brief period I visited US on B1 visa in SEP 2012 TO OCT 2012.

Am i eligible for H1B with CAP exempt this year or i have file for new H1B petition?

You would be cap exempt as you were on H1 visa in last 6 Years and havent exhausted the 6 Year stay limit.

This is my opinion not legal advice.

[snehanew]

You would be cap exempt as you were on H1 visa in last 6 Years and havent exhausted the 6 Year stay limit.

This is my opinion not legal advice.

That is a good news!!
If i apply with CAP exempt how long i can stay in US if i go for visa stamping?

[raghvi]

Typically they will issue a visa for 3 Years with possibility of extension if time remaining and employer willing.

As you already spent 1 Year 3 Months on this H1 petition, you would initially get 3 years and after 3 Years can apply extension for another 1 year 9 months that is (1.3 + 3 + 1.9) total 6 Years.

This is my opinion not legal advice.

[snehanew]

Typically they will issue a visa for 3 Years with possibility of extension if time remaining and employer willing.

As you already spent 1 Year 3 Months on this H1 petition, you would initially get 3 years and after 3 Years can apply extension for another 1 year 9 months that is (1.3 + 3 + 1.9) total 6 Years.

This is my opinion not legal advice.

Hi Thanks for the reply,
Company A thru which i applied is closed now Employer B is willing to file.

I did not spend 1 yr & 3 months,I spent only 4 months in US from JAN 2010 to April 2010.
Does this mean i can spend another 56 months in US with a new visa.
please Clarify whether my understanding is correct

My I-797 expires in SEP 2014,then after this i have to file for new H1B petition?

[sekarbcs]

H1B Expired. Please let me know if my H1B will come under CAP Exempt or not

Hi,

I have a H1B visa. Currently it is expired. I worked in Phoenix, US from 2006 to 2008 on H1B thru Syntel.

I have transferred my VISA to new employer in 2008 May. And in Nov 2008, i came to India and i got my H1B stamped and i got the validity till 2010 November. But due to personal reasons, i didnt travel back to US.

Now, i'm planning to move to US.

Please let me know if my H1B will come under CAP exempt or not.

Please do the needful.

Thanks,
Chandu

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Hi,

I have a H1B visa. Currently it is expired. I worked in Phoenix, US from 2006 to 2008 on H1B thru YYYY .

I have transferred my VISA to new employer in 2008 May. And in Nov 2008, i came to India and i got my H1B stamped and i got the validity till 2010 November. But due to personal reasons, i didnt travel back to US.

Now, i'm planning to move to US.

Please let me know if my H1B will come under CAP exempt or not.

Please do the needful.

Thanks,
Chandu