H1b Recap Exemption Programme

[shravsparvatham]

Hi

can you please some one to help me on the below query.

I have approved H1B Visa till from 2008 September to 2011 October.

I have travelled to USA on 2009 May and stayed there for 3 months and came back to india.

Am I Eligible for recap exemption programme to travel usa without going for lottery.

It would be a great help if someone can help me out on this.

Thank you,
Shravan Kumar

[raghvi]

Hi

can you please some one to help me on the below query.

I have approved H1B Visa till from 2008 September to 2011 October.

I have travelled to USA on 2009 May and stayed there for 3 months and came back to india.

Am I Eligible for recap exemption programme to travel usa without going for lottery.

It would be a great help if someone can help me out on this.

Thank you,
Shravan Kumar

You are not eligible to claim cap exemption as the petition was filed more than 6 Years back and neither were you in H1 status in last 6 years.

This is my opinion not legal advice.

[shravsparvatham]

You are not eligible to claim cap exemption as the petition was filed more than 6 Years back and neither were you in H1 status in last 6 years.

This is my opinion not legal advice.

thanks for your reply.

please find my inputs aswell.

I am not trying to recap my visa with old employer.

But actually i am in india and working in one of the top mnc company.
they are ready to process my visa (on recap).

I just wanted to confirm with you whether it is possible or not ?

my i797 copy is valid till 2011 October. (as per your words 6 years means till 2017 can I apply for recap right).

Please reply.

Thank you,
Shravan

[raghvi]

thanks for your reply.

please find my inputs aswell.

I am not trying to recap my visa with old employer.

But actually i am in india and working in one of the top mnc company.
they are ready to process my visa (on recap).

I just wanted to confirm with you whether it is possible or not ?

my i797 copy is valid till 2011 October. (as per your words 6 years means till 2017 can I apply for recap right).

Please reply.

Thank you,
Shravan

Same employer or different one it does not matter.

Also , please re read my post, I said, " You are not eligible to claim cap exemption as the petition was filed more than 6 Years back and neither were you in H1 status in last 6 years." I did not say that the petition should have not expired in last 6 Years. The two are different. You were cap counted for the year 2009 (in 2008), which is over 6 Years back.

This is my opinion not legal advice.