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Am I H1-B Cap-Exempt

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  • Am I H1-B Cap-Exempt

    Hi All,

    I had a valid H1B in the year 2007 till 2010 approved and stamped also I have never travelled to USA
    Now I am in USA (2019) and I wanted to use my previous H1B petition.

    Will I be Cap-Exempt or I need to go with Cap-Lottery ?

    Even I have read many mix reviews more than 6 year term is not valid for Cap-Exempt and vice a versa, is it true and still valid ?

    Please let me know if there is any way I can use my H1B old petition to claim the rest of the unused years.

    Please help your valuable suggestions are appreciated.


    Regards,
    Suresh

  • #2
    May be it might help from my experience.
    I had H1B approved in 2006 and up to 2009 I think and never traveled to US. My US employer applied for fresh H1 in 2015 but not picked up in lottery. Then my lawyer used 2006 approved petition to cap exempt and it got approved from 2015 to 2018. I am not sure how he pulled it through. But he said my eligibility for cap exempt ends in Oct 2015 and luckily he applied few weeks before that in express. Good luck with yours, key is to have a good experienced attorney on these things.

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    • #3
      Originally posted by tvbotchas View Post
      May be it might help from my experience.
      I had H1B approved in 2006 and up to 2009 I think and never traveled to US. My US employer applied for fresh H1 in 2015 but not picked up in lottery. Then my lawyer used 2006 approved petition to cap exempt and it got approved from 2015 to 2018. I am not sure how he pulled it through. But he said my eligibility for cap exempt ends in Oct 2015 and luckily he applied few weeks before that in express. Good luck with yours, key is to have a good experienced attorney on these things.

      Thank you for the information.

      I just wanted to know did you hired a lawyer to get the old H1B petition to get it approved ?
      Because I have an employer I am going through this channel and I believe he should be a good lawyer or else I have hire a lawyer to get my old H1b petition to get it approved.


      Regards,
      Suresh

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      • #4
        Originally posted by SureshSetty View Post
        Thank you for the information.

        I just wanted to know did you hired a lawyer to get the old H1B petition to get it approved ?
        Because I have an employer I am going through this channel and I believe he should be a good lawyer or else I have hire a lawyer to get my old H1b petition to get it approved.


        Regards,
        Suresh
        Not me. My Employer has attorney who files all of the my Organizations H1Bs

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        • #5
          My case H1b cap exempt got approved applied in month of April 2019 and got approved in month of August 2019

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