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H1 cap exemption issue for 2002 visa stamped

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  • H1 cap exemption issue for 2002 visa stamped

    Hi Seniors,

    I got h1b visa stamped in year 2001(05 March-2001 to 14 Dec-2002) and went to US in 2002 and stayed for 3 months,I did not worked in US and returned to India due to some family issues from then I am in India and working here only.Now I got a chance to work in US and I want to apply for New H1b visa with new employer,I want to know whether I come under quota or I am exempted from this cap,its been 12 years now,even I did not used the visa,what is the process for this,If I am exempted from cap,I have to follow the same procedure to get new H1b process or any thing different.Kindly let me know.

    Regards
    Anwar
    Last edited by anwar9999; 03-16-2014, 01:29 PM.

  • #2
    Originally posted by anwar9999 View Post
    Hi Seniors,

    I got h1b visa stamped in year 2001(05 March-2001 to 14 Dec-2002) and went to US in 2002 and stayed for 3 months,I did not worked in US and returned to India due to some family issues from then I am in India and working here only.Now I got a chance to work in US and I want to apply for New H1b visa with new employer,I want to know whether I come under quota or I am exempted from this cap,its been 12 years now,even I did not used the visa,what is the process for this,If I am exempted from cap,I have to follow the same procedure to get new H1b process or any thing different.Kindly let me know.

    Regards
    Anwar
    You do not seem to be cap exempt as you were not in H1 status in last 6 Years, nor were you cap counted in last 6 Years.

    You would have to apply afresh in this years cap in order to get a h1.

    This is my opinion not legal advice.

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