H1B CAP Exempt

[snehanew]

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 (4 months).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.
I-797 was for 3 yrs (OCT 2008 to Sep 2011).

Company A thru which i applied is closed now Employer B is willing to file with reference to old H1B petition
Am i eligible for H1B with CAP exempt this year or i have file for new H1B petition for 2015 quota? Is there any necessity to prove that I was out of US from APR 2010 or not required?

[raghvi]

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 (4 months).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.
I-797 was for 3 yrs (OCT 2008 to Sep 2011).

Company A thru which i applied is closed now Employer B is willing to file with reference to old H1B petition
Am i eligible for H1B with CAP exempt this year or i have file for new H1B petition for 2015 quota? Is there any necessity to prove that I was out of US from APR 2010 or not required?

Yes, it is required. Wouldnt entry and exit records in your passport be able to prove that?

This is my opinion not legal advice

[snehanew]

Yes, it is required. Wouldnt entry and exit records in your passport be able to prove that?

This is my opinion not legal advice

Thanks for the reply,
But is still the old petition valid thru which i can file as CAP EXEMPT?
How to know whether it is live & not revoked?

[raghvi]

Thanks for the reply,
But is still the old petition valid thru which i can file as CAP EXEMPT?
How to know whether it is live & not revoked?

It doesnt matter if it is live/revoked. The reason why it is required is to prove that you were cap counted.

This is my opinion not legal advice.

[snehanew]

It doesnt matter if it is live/revoked. The reason why it is required is to prove that you were cap counted.

This is my opinion not legal advice.

Can the company B file for a new Visa with the old petition since i have been to US & was there only for 4 months.

[raghvi]

Can the company B file for a new Visa with the old petition since i have been to US & was there only for 4 months.

Company B will file their own petition but the petition itself will be cap exempt as you already have a previously approved petition. Once Company B's petition is approved you can attend visa interview on Company B's petition.

This is my opinion not legal advice.

[snehanew]

Company B will file their own petition but the petition itself will be cap exempt as you already have a previously approved petition. Once Company B's petition is approved you can attend visa interview on Company B's petition.

This is my opinion not legal advice.

Thanks Raghi it was great help.I will keep my fingers crossed till i get the msg from Co B

[h1cap14]

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 (4 months).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.
I-797 was for 3 yrs (OCT 2008 to Sep 2011).

Company A thru which i applied is closed now Employer B is willing to file with reference to old H1B petition
Am i eligible for H1B with CAP exempt this year or i have file for new H1B petition for 2015 quota? Is there any necessity to prove that I was out of US from APR 2010 or not required?

I have a similar scenario like snehanew except that i was never on H1B status in USA. Company B is willing to file H1b petition this year.
So my question Will my new H1b petition be CAP exempt??