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H1B Cap Excempt

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  • H1B Cap Excempt

    Hi
    I have 1-797B with me.
    Issue Date : 05AUG2008
    Expire Date : 22AUG2011

    H1b Visa stamping done on my passport BUT I NEVER TRAVELLED.

    Can I eligible for Cap Excemption ?

    Excemption can be done with 6 years from Petition start date or Petition end date ?

    Is there any time limit to go for Cap Excempt.?

    Thanks in advance for your replies.

    Regards
    Mathi

  • #2
    Originally posted by ntmathi View Post
    Hi
    I have 1-797B with me.
    Issue Date : 05AUG2008
    Expire Date : 22AUG2011

    H1b Visa stamping done on my passport BUT I NEVER TRAVELLED.

    Can I eligible for Cap Excemption ?

    Excemption can be done with 6 years from Petition start date or Petition end date ?

    Is there any time limit to go for Cap Excempt.?

    Thanks in advance for your replies.

    Regards
    Mathi
    Its from petition start date or last held H1 date in US. Since you were never in US in last 6 Years and petition start date was over 6 Years back I do not think you are cap exempt.

    This is my opinion not legal advice.

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