Applying H1B - Not subject to CAP (using old H1B) - Clarifications needed

[raghvi]

Hello experts,

Here is my case:

First time I travelled to USA on H1B in Dec 18th 2005 on the approved petition valid from 1st Oct 2005 to 30th March 2008. My employer applied for extension of the H1B during December 2007. There were couple of RFE's on the extension applied by employer due to which H1B extension decision got delayed, but I was told by employer that I can stay until 240 days after Visa expires, hence I stayed until November and returned to India on 23rd Nov 2008. (I Stayed in USA around 2years 10 months). Since then, I did not travel to USA again on any Visa. Finally, I came to know on 22nd June 2009, that my H1B extension got approved and it was valid up to 30th March 2009. Since it was already expired, I never again focused on going back to USA, instead I switched my company to Other, during this process, I forgot to get the copy of H1B extension approval notice from the employer. (But, I had an email from USCIS personnel indicating, Approval sent to employer).

Here is my current situation:

My current employer (one of the top IT firm in India), want to apply H1B -not subject to CAP now as I had H1B status before and travelled USA. But, it was mentioned to me all the previous approval notices are required for applying under this category. But, I have only the following docs:

1) Approval notice (valid from 1st Oct 2005 to 30th March 2008)
2) Receipt notice of the H1B extension (but NO approval notice)
3) Email alert from USCIS indicating that H1B extension petition approval sent to employer.

Would you please clarify/advise me on the following question:
1. can I eligible to apply H1B-Not subject to CAP category with the above set of documents (I have all other docs correctly as needed). ?

2. If eligible, till How much time, I can wait and eligible to apply for the situation above (it is nearly about 5 years 6 month since my last petition expired (30 March 2009)? Is there any need of going premium process or regular filing is good to get the decision before Jan' 2015 as I am planning to file in next year CAP. (USCIS that starts accept applications from April 1st 2015)

3. If applied, would there be any chance of any RFE (as there is just receipt notice for H1B extension and no approval notice with me? If it gets approved, how long I can get minimum, I mean validity?

4. If all the approval notices definitely required, what is there any way to request for the missing approval notice from USCIS?

Note: I tried multiple attempts with my previous employer to share the copy of H1B extension approval notice, but got answer that cannot be shared due to policy.

Kindly provide answer and advise accordingly.

I would be glad and appreciate if you can provide me quick answers for the above.

Thanks,

Ravi

1. I think you are cap exempt only till 23 Nov 2014, 6 Years from your last held valid H1 status.
2. I would say find an employer fast and premium process the petition.
3. RFE chances are always there. If approve dyou should get it based upon the time remaining, the time requested, 3 years, least of any of these.
4. No I dont think there is a straightforward way of getting it.

This is my opinion not legal advice.

[ravinaga]

Hello experts,

Here is my case:

First time I travelled to USA on H1B in Dec 18th 2005 on the approved petition valid from 1st Oct 2005 to 30th March 2008. My employer applied for extension of the H1B during December 2007. There were couple of RFE's on the extension applied by employer due to which H1B extension decision got delayed, but I was told by employer that I can stay until 240 days after Visa expires, hence I stayed until November and returned to India on 23rd Nov 2008. (I Stayed in USA around 2years 10 months). Since then, I did not travel to USA again on any Visa. Finally, I came to know on 22nd June 2009, that my H1B extension got approved and it was valid up to 30th March 2009. Since it was already expired, I never again focused on going back to USA, instead I switched my company to Other, during this process, I forgot to get the copy of H1B extension approval notice from the employer. (But, I had an email from USCIS personnel indicating, Approval sent to employer).

Here is my current situation:

My current employer (one of the top IT firm in India), want to apply H1B -not subject to CAP now as I had H1B status before and travelled USA. But, it was mentioned to me all the previous approval notices are required for applying under this category. But, I have only the following docs:

1) Approval notice (valid from 1st Oct 2005 to 30th March 2008)
2) Receipt notice of the H1B extension (but NO approval notice)
3) Email alert from USCIS indicating that H1B extension petition approval sent to employer.

Would you please clarify/advise me on the following question:
1. can I eligible to apply H1B-Not subject to CAP category with the above set of documents (I have all other docs correctly as needed). ?

2. If eligible, till How much time, I can wait and eligible to apply for the situation above (it is nearly about 5 years 6 month since my last petition expired (30 March 2009)? Is there any need of going premium process or regular filing is good to get the decision before Jan' 2015 as I am planning to file in next year CAP. (USCIS that starts accept applications from April 1st 2015)

3. If applied, would there be any chance of any RFE (as there is just receipt notice for H1B extension and no approval notice with me? If it gets approved, how long I can get minimum, I mean validity?

4. If all the approval notices definitely required, what is there any way to request for the missing approval notice from USCIS?

Note: I tried multiple attempts with my previous employer to share the copy of H1B extension approval notice, but got answer that cannot be shared due to policy.

Kindly provide answer and advise accordingly.

I would be glad and appreciate if you can provide me quick answers for the above.

Thanks,

Ravi