Tweet
Hello All,
Here’s my current scenario and would like to check if I am H1B cap exempt the next time I apply.
I was employed with ‘Company A’ in India. I went to the US through ‘Company A’ on the following visa types:
L1B Individual: 2007 to 2011.
Applied GC through EB3 and got my I140 approved in 2011.
Converted to H1B (via AC21): 2011 to 2014.
Applied for H1B extension using I140 (via AC21) but the extension was denied and I voluntarily departed the US in October 2014.
I worked for the same company (Company A) from India and applied for H1B cap exempt (as I had an approved I140) in Mar 2015. I had an RFE and provided the SOW. Finally I got my visa approved in September 2015 and the validity was for just 1 year.
I then went for my PAI in October 2015 and I got a blue slip. VO said they wanted to check if I really voluntarily departed after my previous H1B extension was denied (at least that’s what they said. Not sure what all they wanted to check before providing an approval). It took about 3 months and I got my visa approved in Dec 2015.
I later quit Company A and moved to Company B in India. Company A revoked my approved H1B and I140 petitions in about 3 months’ time.
At this point, if I apply for H1B through Company B or any other company, will I be cap exempt (or) do I need to go regular cap?
Please provide your valuable inputs.
Thank you
Here’s my current scenario and would like to check if I am H1B cap exempt the next time I apply.
I was employed with ‘Company A’ in India. I went to the US through ‘Company A’ on the following visa types:
L1B Individual: 2007 to 2011.
Applied GC through EB3 and got my I140 approved in 2011.
Converted to H1B (via AC21): 2011 to 2014.
Applied for H1B extension using I140 (via AC21) but the extension was denied and I voluntarily departed the US in October 2014.
I worked for the same company (Company A) from India and applied for H1B cap exempt (as I had an approved I140) in Mar 2015. I had an RFE and provided the SOW. Finally I got my visa approved in September 2015 and the validity was for just 1 year.
I then went for my PAI in October 2015 and I got a blue slip. VO said they wanted to check if I really voluntarily departed after my previous H1B extension was denied (at least that’s what they said. Not sure what all they wanted to check before providing an approval). It took about 3 months and I got my visa approved in Dec 2015.
I later quit Company A and moved to Company B in India. Company A revoked my approved H1B and I140 petitions in about 3 months’ time.
At this point, if I apply for H1B through Company B or any other company, will I be cap exempt (or) do I need to go regular cap?
Please provide your valuable inputs.
Thank you
Comment