Am i exempted from H1b CAP?

[pankaj_div]

Hi,

When considering 6 years of CAP count is it the date of first petition or the physical stay in USA on H1b.

For ex: My h1b was applied in Oct 2005 but i used only 3 years of it.

Can i use the remaining 3 years without CAP eventhough petition is older than 6 years?

Please help me with this.. this is really urgent for me..

Thank you...

[shervin143]

Only the time spend in U.S in H1B + L1 status counts towards the 6 year period.

[akhil_agarwal1]

Hi Shervin,

So can he use the remaining 3 years (without CAP) even though petition is older than 6 years?

[shervin143]

H1B CAP is valid only for 6 years. If the petition was filed 6 years prior, then you have to go through a new CAP.

Hi Shervin,

So can he use the remaining 3 years (without CAP) even though petition is older than 6 years?

[hkh]

H1b

H1B CAP is valid only for 6 years. If the petition was filed 6 years prior, then you have to go through a new CAP.

Hello Shervin

My Interview Date: 12 Jan

got 221(g)

Document Sub: 27 Jan
my question is tha My LCA is showing Expiration Date 01/31/2012 will it effect my AAP Please let me know

[shervin143]

What is your petition expiry date?

Hello Shervin

My Interview Date: 12 Jan

got 221(g)

Document Sub: 27 Jan
my question is tha My LCA is showing Expiration Date 01/31/2012 will it effect my AAP Please let me know

[hkh]

H1b

What is your petition expiry date?

Petition expiry is 09/2014

[shervin143]

Petition is filed based on an approved LCA. How come you got an H1B petition that is approved for a duration longer than the LCA? Check with your employer to see if they have a new LCA filed and approved. You will need a new LCA anyhow to work beyond iots expiry date. I am assuming that your employer might have a new LCA approved but you did nolt get it from them.

Visa usually is approved until the petition expiry date. But the VO can issue you a visa only till the LCA expiry date if required. You anyhow cannot work without a valid LCA. If the employer doesn't have a new one filed and approved, ask them do it right away.

Petition expiry is 09/2014