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H1 B Cap Exempt

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  • H1 B Cap Exempt

    I have consumed 4.5 years of my H1 B Visa which got expired in March 2014. I have still 1.7 years left on my H1 B visa. Does my case comes under H1 B exempt. Do I need to file fresh H1 B since it got expired in 2014.

  • #2
    Originally posted by varunlau View Post
    I have consumed 4.5 years of my H1 B Visa which got expired in March 2014. I have still 1.7 years left on my H1 B visa. Does my case comes under H1 B exempt. Do I need to file fresh H1 B since it got expired in 2014.
    Your employer/potential employer can file a cap exempt petition for you and request for the remainder period (1.7 Years at max).

    This is my opinion not legal advice.

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    • #3
      Years upto which unused H1 visa period can be filed in a new cap exemp petition

      Originally posted by raghvi View Post
      Your employer/potential employer can file a cap exempt petition for you and request for the remainder period (1.7 Years at max).

      This is my opinion not legal advice.
      My H1 visa issue date is Jan 2010 and first expiration is sep2012.
      I have 4 years of unused H1b visa out of regular H1 duration of 6 years. i returned to India in jan 2012 and since then I am in India. Uptill when (month/ year) can I claim the unused H1 duration by filing a cap exempt petition?

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      • #4
        Originally posted by Kumar2017 View Post
        My H1 visa issue date is Jan 2010 and first expiration is sep2012.
        I have 4 years of unused H1b visa out of regular H1 duration of 6 years. i returned to India in jan 2012 and since then I am in India. Uptill when (month/ year) can I claim the unused H1 duration by filing a cap exempt petition?
        Jan 2018, 6 Years from Jan 2012 when you last held valid H1 status.

        This is my opinion not legal advice.

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        • #5
          H1 B Filling Date

          Hi,

          Even if my H1 B was filed in October , 2007 and I entered USA in March 2008 and did extension in September 2010 and my H1 B was valid till March 2014. Am I*eligible*for H1 B Cap exemption. I already consumed 4.5 years of mine H1 B.



          Varun

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          • #6
            Originally posted by varunlau View Post
            Hi,

            Even if my H1 B was filed in October , 2007 and I entered USA in March 2008 and did extension in September 2010 and my H1 B was valid till March 2014. Am I*eligible*for H1 B Cap exemption. I already consumed 4.5 years of mine H1 B.



            Varun
            Yes, as you were in valid H1 status in last 6 Years. They look at last held H1 status, if within last 6 years and time remaining on H1 the petition is approved for time requested/6 year stay completion which ever is earlier.

            This is my opinion not legal advice.

            Comment

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