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  • H1-B Out of Cap

    Hi,
    My H1-B visa was approved in 2010 and was valid till July 2013 since the Statement of Work (SOW) was submitted only till July 2013. My Visa Stamping was done in 2011, but I did not travel to US.
    Now my same employer is applying for Out of Cap Visa.
    Q1: If my Out of Cap Visa is approved, will I be able to stay in US for full 6 years? Or since the initial petition was approved in 2010, will I be able to stay in US only till 2016?
    Q2: My employer is filing my out of cap application in July 2014. How long does it take if it NOT done by premium processing. And I also want to know how long it would take (avg) if premium processing is done.
    Thanks for the help.
    Sivakumar

  • #2
    Originally posted by sivajuly View Post
    Hi,
    My H1-B visa was approved in 2010 and was valid till July 2013 since the Statement of Work (SOW) was submitted only till July 2013. My Visa Stamping was done in 2011, but I did not travel to US.
    Now my same employer is applying for Out of Cap Visa.
    Q1: If my Out of Cap Visa is approved, will I be able to stay in US for full 6 years? Or since the initial petition was approved in 2010, will I be able to stay in US only till 2016?
    Q2: My employer is filing my out of cap application in July 2014. How long does it take if it NOT done by premium processing. And I also want to know how long it would take (avg) if premium processing is done.
    Thanks for the help.
    Sivakumar
    1. If you havent stayed at all in US then yes, you can potentially for 6 Years, and beyond too if Green card is applied.
    2. If no RFE, 3-5 Weeks in premium, 2-4 months in normal processing.

    This is my opinion not legal advice.

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