H1B Cap-exempt

[[email protected]]

Dear folks,

Background:

It would be great if you advise on the below case:
1) I got the L1, which was valid from Mar 2006 to Mar 2009
2) I got H1B Visa in March 2008, which was valid Sep 2010,Stamping also done on the Passport & I never ever traveled to US till date.
3) Applied for B1 Visa in Mar 2011, got rejected
4) Applied for B1 Visa again (second time in the same month) in Mar 2011, got Approved & Stamping also done on the Passport
5) Again applied for H1B in 2011 and got rejected

Questions:

I never ever traveled to US till date.

1) My case will come under the cap-exempt based on 2008-Approved-H1B
2) If yes, is there any problem because of 2011 rejected- H1B?
3) And I also don't have the documents with me, is it OK?
4) For Cap-exempt, new employer need to apply fresh H1B or transfer the existing H1B
Thank you so much for your help in advance.

Cheers
Madhu

[raghvi]

Dear folks,

Background:

It would be great if you advise on the below case:
1) I got the L1, which was valid from Mar 2006 to Mar 2009
2) I got H1B Visa in March 2008, which was valid Sep 2010,Stamping also done on the Passport & I never ever traveled to US till date.
3) Applied for B1 Visa in Mar 2011, got rejected
4) Applied for B1 Visa again (second time in the same month) in Mar 2011, got Approved & Stamping also done on the Passport
5) Again applied for H1B in 2011 and got rejected

Questions:

I never ever traveled to US till date.

1) My case will come under the cap-exempt based on 2008-Approved-H1B
2) If yes, is there any problem because of 2011 rejected- H1B?
3) And I also don't have the documents with me, is it OK?
4) For Cap-exempt, new employer need to apply fresh H1B or transfer the existing H1B
Thank you so much for your help in advance.

Cheers
Madhu

When you say you dont have documentation on what basis would you initiate a cap exempt petition, the least you need is the receipt notice. Also, if you didn't have documentation how did you get H1 stamped?

[[email protected]]

Hi Raghavi

Thank you so much for your response.

For my 2008 approved H1B- I have the below soft copies and don't have originals. And Stamping also done on the Passport

• Form I797B
• I-129

Is these soft copies enough to the employer to apply for cap-exempt?

Thanks
Madhu