Validity of Cap exempt for Unused H1b

[sunkarim]

Hi ,

I was issued H1B in May, 2008 and it got expired in May,2011 I got my visa stamped . I never traveled US on H1B. I have 2 questions now :
1. Am I Cap Exempt ?? if so till which year ?
2. If any company is willing to hire me, do they need to file new petition or transfer petition??


Regards

Murali

[raghvi]

Hi ,

I was issued H1B in May, 2008 and it got expired in May,2011 I got my visa stamped . I never traveled US on H1B. I have 2 questions now :
1. Am I Cap Exempt ?? if so till which year ?
2. If any company is willing to hire me, do they need to file new petition or transfer petition??


Regards

Murali

1. I dont think you are cap exempt. Its 6 years from cap counted year. If your H1 petition was applied in Year 2007 for FY 2008, then its already been over 6 Years.
2. New petition/Transfer petition are the same. Both are filed using I129. Petition itself can be cap exempt or cap subject.

This is my opinion not legal advice.

[pankaj.rrd]

H1B CAP Exempt Validity

Hi All

I had H1B Visa valid from 1st Oct 2007 to March 2010, I traveled to US in between from Aug 2008 to Jan 2009. I would like to know that Can I eligible for H1B Exempt?

Your advise will be appreciated.

Thanks
Pankaj

[raghvi]

Hi All

I had H1B Visa valid from 1st Oct 2007 to March 2010, I traveled to US in between from Aug 2008 to Jan 2009. I would like to know that Can I eligible for H1B Exempt?

Your advise will be appreciated.

Thanks
Pankaj

I would say no as your 6 Years from last held valid H1 status ended in Jan 2015.

This is my opinion not legal advice.

[anandr]

Validity of unused H1B for Capexempt ....

1. I dont think you are cap exempt. Its 6 years from cap counted year. If your H1 petition was applied in Year 2007 for FY 2008, then its already been over 6 Years.
2. New petition/Transfer petition are the same. Both are filed using I129. Petition itself can be cap exempt or cap subject.

This is my opinion not legal advice.

Hi Raghvi,
My Case:
Receipt Date: Nov 23, 2011
Notice Date: June 25, 2012
Valid from: 06/23/2012 to 06/22/2013

I am planning to apply for H1B on Cap exempt in this month.
1. is my case still valid for Cap exempt ???
2. my consultant is saying that there are two risk,
- If it is applied on 2011 then am not eligible for Cap exempt since 6 years completed.
- or they may consider its approved on Jun 2012 hence we need to apply and get it approved within March.

So i am confused which is correct ? am i still eligible for H1B Cap exempt for 2017-2018 year.
please clarify me and consider this as urgent matter.

Regards,
Anand