Cap-Exempt

[ashokb24]

Hi,
I got my H1B valid petition in August 2012 and it was valid till Sep 2015. I did not appear for the stamping as there was no project opportunity. But I came to the UK on long term assignment in between and am still in the UK
As I know, H1B petition will be valid for 3+3 years. Considering this equation, my H1B will be valid not more than August 2018.

When I checked with my organization overseas department, they have confirmed that I can apply for Cap-Exempt to retain the h1B petition and it should be applied before March 2018 ( i.e. 6 months prior the petition expiry date )

My Queries:
1) Is it worth to chose Cap-Exempt to retain/renew my H1B petition or should I go for the fresh H1B visa which goes via Lottery process.?
2) If I chose to go via CapExempt, Do i need to appear for the stamping immediately? and Will my H1B petition validity will be extended via H1B Cap-exempt ( i.e. beyond August 2018 )?

[scientist2016]

Hi,
I got my H1B valid petition in August 2012 and it was valid till Sep 2015. I did not appear for the stamping as there was no project opportunity. But I came to the UK on long term assignment in between and am still in the UK
As I know, H1B petition will be valid for 3+3 years. Considering this equation, my H1B will be valid not more than August 2018.

When I checked with my organization overseas department, they have confirmed that I can apply for Cap-Exempt to retain the h1B petition and it should be applied before March 2018 ( i.e. 6 months prior the petition expiry date )

My Queries:
1) Is it worth to chose Cap-Exempt to retain/renew my H1B petition or should I go for the fresh H1B visa which goes via Lottery process.?
2) If I chose to go via CapExempt, Do i need to appear for the stamping immediately? and Will my H1B petition validity will be extended via H1B Cap-exempt ( i.e. beyond August 2018 )?

If you can use cap exemption, you should use it. You will still get to stay in the US for the full 6 yrs. viz., the 6 yrs. are not from any particular date, but how many days you actually were in the US under the H1 status. No you need not go for stamping unless you want to travel to the US and enter using H1.

[arajesh19]

If you can use cap exemption, you should use it. You will still get to stay in the US for the full 6 yrs. viz., the 6 yrs. are not from any particular date, but how many days you actually were in the US under the H1 status. No you need not go for stamping unless you want to travel to the US and enter using H1.

Hello,

Can you help with me with a suggestion.

My wife had an H1B visa from 2008. We left the US in 2012 and she has about 1.5 years of total 6 year physical stay on her H1B eligibility still left.

While I am aware that she is eligible for a cap-exempt H1B visa to recapture/use her remaining time but what happens after the 1.5 years is used up (with no GC being filed by her employer).

In order to get a full quota of 6 years (subject to cap etc.), will she have to leave the US for 365 days or more and then file during the April 1 window?

How does that work?

Thanks
Rajesh

[scientist2016]

Hello,

Can you help with me with a suggestion.

My wife had an H1B visa from 2008. We left the US in 2012 and she has about 1.5 years of total 6 year physical stay on her H1B eligibility still left.

While I am aware that she is eligible for a cap-exempt H1B visa to recapture/use her remaining time but what happens after the 1.5 years is used up (with no GC being filed by her employer).

In order to get a full quota of 6 years (subject to cap etc.), will she have to leave the US for 365 days or more and then file during the April 1 window?

How does that work?

Thanks
Rajesh

Once you use the 1.5 yrs., you will have to file for a fresh H1, which would mean that you will have to wait at-least 1 yr.
Yes, in order to get a full quota of 6 yrs., you will have to stay out for atleast 1 yr. and apply via the lottery. In your wife's case since you have already been outside the US for more than the required 1 yr., it makes scant sense to go the cap exempt route. Instead I would recommend going via the lottery so as to be able to get a fresh set of 6 yrs.

[arajesh19]

Once you use the 1.5 yrs., you will have to file for a fresh H1, which would mean that you will have to wait at-least 1 yr.
Yes, in order to get a full quota of 6 yrs., you will have to stay out for atleast 1 yr. and apply via the lottery. In your wife's case since you have already been outside the US for more than the required 1 yr., it makes scant sense to go the cap exempt route. Instead I would recommend going via the lottery so as to be able to get a fresh set of 6 yrs.

Noted. Thank you for your suggestion.