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  • H1B non-cap

    Hello Sir,

    I am about to complete 5 years in L1b and about to file for H1B consular processing (as per my company procedures/advice) once I return to India to extend one more year. I am told the cap cases have reached a limit.

    Am I eligible for non-cap H1B? How long would it take to process assuming I go for a premium processing? Thanks in advamce

    Note: Since its consular processing, I would have to travel back once my current petition/visa expires and apply for H1 while in India.
    Last edited by Ajayesh; 11-28-2011, 09:19 AM.

  • #2
    If you have never had an H1 petition filed for you before, you will not be exempt from cap. A petition can only be filed after Apr 1, 2012 for a start date of Oct 1, 2012 or later.
    This is my opinion and not legal advice.

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    • #3
      H1-B Cap Limit

      Hello,

      I had come across some information like, even though the H1-B CAP is over for current year, there will be some 6500 H1-B Visas will be released for Chille and Singapore region. I am not completely sure about this. The information says that those released Visas will be used next fiscal year. Similarly we might be having something from last year, right?

      Can anyone confirm whether this is true?


      Cap Amounts
      The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

      Note: I AM NOT SURE WHETHER THIS IS TRUE OR FALSE. JUST ASKING FOR CLARIFICATION.

      Thanks,

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      • #4
        To add to the below response, if you file an H1B petition after completing 1 year outside U.S, you will get a fresh 6 year period. If the H1B petition becomes effective before completing 1 year outside U.S, then you will get only 1 year (6 years - time spend in L1 status). The 6 year CAP duration is a combination of your stay in both L1 + H1B combined.So plan accordingly.
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          Cap is closed. Chile/Singapore Visas from last year (2010-2011) have already been counted.
          This is my opinion and not legal advice.

          Comment

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