H1B cap exempt

[kdeva1683]

Hi,

Good Day !

I have a question related to new H1B filing for quota/cap exemption.

I have been in US on H1B on Nov/2007 and i was there till Jan/2014, so completed my full six years of H1B visa.During this time i was only on H1B, i was not on any other visa status like L1, F1 or H4.

Also, my green card processing didnt go thro well, so i had to move out of the country and i have been in india for the past one year.

I have stayed out of the country for more than year after completing six years of H1B visa. Now one of the employer is telling me that i am eligible for new H1B visa which it will not go thro cap.

I was really surprised to hear this from the employer, becuase i was thinking that i will have to get the new H1B with the quota.

So the question is, Am i eligible for new H1B and dont have to go thro lottery. If yes, can you confirm it.

It would also be great if you can share your thoughts/reasons for not having to go thro lottery.

Also, if you any one of your friends/colleagues have been thro the same situation and got the new H1B. you can share that well.

I would really appreciate your quick response. Thanks in advance for the help.

Regards,
Karthik

[kadkhiq81]

H1B cap exempt

I guess they are trying to recapture any period that you were out of the country during your 6 yrs. If its true, Remember if you are taking that path, You will get H1 extension only for the remaining period. Its better to ask them clearly about their plans to apply H1 cap exempt.

I would suggest you to apply new H1 through quota and it would fetch you new 6 years.

This is my opinion.

[nervous.migrant]

Am I eligible for a Cap Exempt?

Hello Experts,

My first H1-B was applied and approved in Jan 2009, so I wanted to know answers to some questions below which have the exact dates.

1) Company A applied for my H1-B which was effective from 01/08/2009 to 09/17/2011. I used it from Jan 2009 to May 2009 (5 months on H1-B) and changed my status to F2 and later F1. The company never revoked my H1-B.

2) Company B used the same petition from Company A and applied for my H1-B on April 1st 2013 which got approved and was effective from 04/19/2013 to 04/09/2016 (1 year 4 months on H1-B) and I used it from April 2013 to Aug 2014 and changed my status (CoS) to H4. I checked the the status of my H1-B receipt number and it shows that Company B has revoked/withdrawn my H1-B.

3) Now, I am planning to start work with Company C, so can they use the same H1-B petition from Company B (which is withdrawn/revoked) to initiate my CoS from H4 to H1-B. Or they will have to file the fresh H1-B, if so do I have to go through a lottery system or I am eligible in cap exempt period left on my H1-B.

4) How does the revoking/withdrawal of my H1-B from Company B would effect my current case with Company C? Any legal options, which can help me get the process started on my H1-B with Company C?

Thank you in advance.