H1 CAP Exempt Doubt

[Vishall_KS]

Hi All,

I got my Visa stamped on 16th September 2013 and got an initial validity of 3 years till 16th September 2016, out of which I have worked in US from 14th June 2014 - 14th June 2015. Since my Visa is expired now, If in case my new employer is interested to process new H1 visa .. Do I need to go through the lottery or what is the exact procedure.. Can I go any time for visa interview ? or Do we need to submit the application again during march / April period and wait for the confirmation from USCIS.

I assume once H1 is approved we can work in US for a total of 6 years by extending it, In my case I have worked only for an year, If my new employer file an application through H1 CAP EXEMPT Category will I get another 5 years ( 3 years with new filing and 2 years which is remaining in the first H1 Approval). Can someone clarify.

Thanks,
Vishall

[raghvi]

Hi All,

I got my Visa stamped on 16th September 2013 and got an initial validity of 3 years till 16th September 2016, out of which I have worked in US from 14th June 2014 - 14th June 2015. Since my Visa is expired now, If in case my new employer is interested to process new H1 visa .. Do I need to go through the lottery or what is the exact procedure.. Can I go any time for visa interview ? or Do we need to submit the application again during march / April period and wait for the confirmation from USCIS.

I assume once H1 is approved we can work in US for a total of 6 years by extending it, In my case I have worked only for an year, If my new employer file an application through H1 CAP EXEMPT Category will I get another 5 years ( 3 years with new filing and 2 years which is remaining in the first H1 Approval). Can someone clarify.

Thanks,
Vishall

Visa, status, petition, cap exemption, and I-94 are all different things.

Visa - Allows you to board a flight to US and reach its Port of Entry. Yours has expired, so you need to get a new one.
Status - Immigrant/Non-Immigrant status one holds while in US based generally on the visa one uses while entering US. As you are not in US , you don't have one currently.
Petition - Each employer's "request" to USCIS to grant you a Immigrant/Non Immigrant status - I797. Yours is currently expired, hence you need to get anew one. A valid I797 allows you to schedule a visa appointment and get a new valid visa post approval by the consulate officer.
Cap Exemption- Relevant for H1 petitions, is valid for 6 Years from initial filing year or 6 years from last held H1 status. As you were in US till June 2015, you are cap exempt till June 2021.
I-94 - Period of validity of allowed stay in particular status, generally given by the officer at the Port of Entry.

So your new employer can file a cap exempt petition by first filing the LCA for the relevant location where you are goign to work, and then subsequently filing the I129. Approval of I129 will get a new I797 for the employer. If employer can demonstrate work for you for 3 Years the I797 will be issued for 3 Years validity, and you can use that to try get yourself a new H1 visa by scheduling a visa appointment at the US consulate.

This is my opinion not legal advice.