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H1B Cap Excempt - Expired H1 petition

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  • H1B Cap Excempt - Expired H1 petition

    Hello All,

    I have approved H1B petition from 2006 Cap from Company A and I was in US from Feb-2008 to May-2009 on H1B status and my H1B visa was valid till Sep-2009I came back to my home country India, on May-2009, joined with Company B in 2010. My H1B got transferred to B under cap exemption in 2011 which was valid till 2013.I did not get a chance to travel to US after the transfer.
    I am still with company B and did not file any new H1 since then.
    My question is can I go for Cap exempt again to claim the remaining 4yrs period on my existing H1B.
    Please advise how to claim the remaining 4ys on my old petition.
    My current employer mentioned that I cannot go for CAP as my H1B was already went through cap during 2011 which got expired in 2013.
    Please advise. Appreciate your help.
    Thanks in advance.

  • #2
    Originally posted by ashiny0505 View Post
    Hello All,

    I have approved H1B petition from 2006 Cap from Company A and I was in US from Feb-2008 to May-2009 on H1B status and my H1B visa was valid till Sep-2009I came back to my home country India, on May-2009, joined with Company B in 2010. My H1B got transferred to B under cap exemption in 2011 which was valid till 2013.I did not get a chance to travel to US after the transfer.
    I am still with company B and did not file any new H1 since then.
    My question is can I go for Cap exempt again to claim the remaining 4yrs period on my existing H1B.
    Please advise how to claim the remaining 4ys on my old petition.
    My current employer mentioned that I cannot go for CAP as my H1B was already went through cap during 2011 which got expired in 2013.
    Please advise. Appreciate your help.
    Thanks in advance.
    The same way B applied Cap exemption for you in 2011.

    This is my opinion not legal advice.

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