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Please provide your opinions - H1B CAP Exempt or not?

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  • Please provide your opinions - H1B CAP Exempt or not?

    Please find my visa statuses below:
    1) Sept 2007 -- Initial entry on L1B Blanket through employer A, and it was valid up to Sept 2009
    2) April 2009 - Applied for H1B with Consular processing (without Change of status), while continuing with employer A.
    H1B Approved until Oct 2009 to Sept 2012 through employer B, but did not join.

    3) Sept 2009 - L1B Blanket Extension through employer A itself, Valid up to Sept 2012
    4) Sept 2010 - Quit employer A, went on H4 and continue on H4 till date .

    So,I haven't used the H1B at all that was approved from Oct 2009-Sept 2012 and It has been cancelled/revoked by Employer B later (may be 2011 or 2012). Therefore, I have been on L1B for 3 years and on H4 for 3+ years in US. I would like to know if Employer B/new employer sponsors a H1B now, is it a H1B transfer with cap exempt as it was approved within last 6 years. Or should I apply in a new H1B in April 2014 through some employer?

  • #2
    Originally posted by TravComp View Post
    Please find my visa statuses below:
    1) Sept 2007 -- Initial entry on L1B Blanket through employer A, and it was valid up to Sept 2009
    2) April 2009 - Applied for H1B with Consular processing (without Change of status), while continuing with employer A.
    H1B Approved until Oct 2009 to Sept 2012 through employer B, but did not join.

    3) Sept 2009 - L1B Blanket Extension through employer A itself, Valid up to Sept 2012
    4) Sept 2010 - Quit employer A, went on H4 and continue on H4 till date .

    So,I haven't used the H1B at all that was approved from Oct 2009-Sept 2012 and It has been cancelled/revoked by Employer B later (may be 2011 or 2012). Therefore, I have been on L1B for 3 years and on H4 for 3+ years in US. I would like to know if Employer B/new employer sponsors a H1B now, is it a H1B transfer with cap exempt as it was approved within last 6 years. Or should I apply in a new H1B in April 2014 through some employer?
    I believe you are cap exempt. But you wouldn't be eligible for entire 6 Years H1, it would be valid for 6 Minus time already spent on L1 status. As you have spent nearly 3 Years on L1 you may be able to get 3 Year of H1 if apply using this petition.

    This is my opinion not legal advice.

    Comment


    • #3
      H1B CAP Exempt

      Originally posted by raghvi View Post
      I believe you are cap exempt. But you wouldn't be eligible for entire 6 Years H1, it would be valid for 6 Minus time already spent on L1 status. As you have spent nearly 3 Years on L1 you may be able to get 3 Year of H1 if apply using this petition.

      This is my opinion not legal advice.
      Thanks for your opinion, Raghvi. I understand that it will be 3 years or so as I have already been on L1B.

      My question is more specifically to the following points.
      (i) I have never been on H1B.
      (ii) The H1B employer already cancelled/withdrew the petition.

      Given the above two points, will it still be cap-exempt this year?

      Thanks in advance experts.

      Comment


      • #4
        1. It doesnt matter if you were not on H1B.
        2. It doesnt matter if the previous petitioner cancelled/revoked.

        This is my opinion not legal advice.

        Comment

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