CAP - Exempt H1B - What would be validity period ?

[ab_bec]

Hi Experts

I have few questions regarding H1B transfer / cap-exempt filing. Can you please advise me?

1. I received my H1B in DEC,2011 and traveled to US with that from DEC,2011 - March,2012 ( only 3 months) . My first 3 years validity would expire SEP,2014.
So, out of this 3 years , I used only 3 months. Now, if I go for cap-exempt filing this year , till what time I would get my VISA ?

2. If I get till SEP,2014 , I might face problem in the port of entry while travelling to US as normally 6 months validity is required while entering the USA. Please correct me.

3. I believe they will allow me to work for 5 yrs 9 months ( which is remaining) . In that case how can I extend the visa beyond current I-94 validity ( SEP,2014)

4. If I opt for non-premium processing , what would be processing time for cap-exempt visa filing ?

5. Can I file cap-exempt H1B after my current visa expires ? Can I file it anytime in the year or only during April ?

Right now I am in India.


Thanks in advance!!!


Regards
Ananda

[raghvi]

Hi Experts

I have few questions regarding H1B transfer / cap-exempt filing. Can you please advise me?

1. I received my H1B in DEC,2011 and traveled to US with that from DEC,2011 - March,2012 ( only 3 months) . My first 3 years validity would expire SEP,2014.
So, out of this 3 years , I used only 3 months. Now, if I go for cap-exempt filing this year , till what time I would get my VISA ?

2. If I get till SEP,2014 , I might face problem in the port of entry while travelling to US as normally 6 months validity is required while entering the USA. Please correct me.

3. I believe they will allow me to work for 5 yrs 9 months ( which is remaining) . In that case how can I extend the visa beyond current I-94 validity ( SEP,2014)

4. If I opt for non-premium processing , what would be processing time for cap-exempt visa filing ?

5. Can I file cap-exempt H1B after my current visa expires ? Can I file it anytime in the year or only during April ?

Right now I am in India.


Thanks in advance!!!


Regards
Ananda

Visa and petition are different things. Now, if you planning to file a Cap exempt H1, the new employer would file a new H1 petition but that H1 petition would be cap exempt as you were cap counted in last 6 Years (you would provide the approval notice of current H1 in order to prove that). Once the new petition is approved then you can use to travel on existing visa (if valid) or go for fresh visa stamping.

Visa merely allows you to reach immigration officer at the Port Of Entry in US. The officer grants a I-94 which determines how long you can stay in the US in that trip. Every time you exit US you should return that I-94 and if you re enter US you would get a new I-94.To extend ones stay in US one needs to file extension fo status request with USCIS.


1. You already have a visa, are you planning to go for fresh visa stamping? If you are planning to go for fresh stamping, it would be issued as per the new petition.
2. No such rule one can travel on same date as visa expiry. Yes, the I-94 which is issued at the Port of Entry might only be till visa expiry date.
3. Yes you can as long as employer is willing to provide work and pay to you.
4. 2-4 Months without RFE.
5. Anytime in the year 6 Year from last held H1 status, so you can apply from March 2012-March 2018.

This is my opinion not legal advice.