H1 Visa Cap Exempt or Not?

[RPR]

H1B via cap exempt

Hi All,

My H1b petition filed in 2008 and h1b visa got expired in 2011. I have not traveled during the validity of my visa.
Now I want to travel to US so I want to know if I am eligible of H1B cap exempt ? If yes,Till when im eligible for H1b cap exempt Also, would appreciate if someone can guide me on the best way to find a sponsor.

Please help me in getting one or provide some guidance

Thanks in advance,
RPR

[fifaone1]

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will I come under cap exempt. Do I need to apply it before Sep 30 2014 or can I apply at any time to come under cap exempt.

[aadhya]

Had H1 visa from 2008-2011. Will I come under cap exempt now

Hi,

Below are my case details, please suggest.

Old petition: Oct 2008 - Sep 2011 (employer A)
Old visa: Feb 2009 - Sep 2011 (did not travel to US on this petition and it got expired)

New petition: Feb 2014 - Jan 2017 (as said by current employer B who filed it under cap exempt. They are not telling the file number and not giving the petition documents).

1) Can I get a new petition from new employer C
2) Till what time will I come under cap exempt
3) From Oct 2008 to Sep 2014 it is 6 years. So if I apply now using my old petiton (2008-2011) documents, will I come under cap exempt. Do I need to apply it before Sep 30 2014 or can I apply at any time to come under cap exempt.


Please suggest.


Thanks,
Aadhya.

[Porbander]

You will have to leave again and spend 1 year outside in that case. The cap is open right now, it is better to apply under cap and wait until Oct 1 if the employer is okay with that.

Hi,
Is there any timeframe within which I would remain CAP EXEMPT on an expired H1B? My petition was initially valid from Oct-2005 - May-2008. An extension was applied and approved in Sep-2008. Now it has been more than 6 years since my initial petition. If I want to use this H1, would I still be CAP EXEMPT?

[kabkaba]

You will have to leave again and spend 1 year outside in that case. The cap is open right now, it is better to apply under cap and wait until Oct 1 if the employer is okay with that.

[varhsanaveen]

H1 Visa Cap Exempt or Not?

Hi,
Good day!
I have a similar question, i was in US in May 2006 till April 2010. I was holding my second extension when I came back to India and was having like 18 months left of 6 yrs in the H1B.
After reading the post I understood that I can apply under cap exempt or under cap.
Question is if I apply under exempt cap I assume I would be getting only 18 months of left over H1 B right? Let’s assume I take this option
and work in US till that time, can I apply for new H1 petition after this expires or I have to leave the country for 1 year to reapply fresh petition .
Any inputs would be appreciated.

[kabkaba]

Yes it will be exempt from cap. But total time spent in the US in H1 or L1 status cannot be greater than 6 years.
Since you have spent more than 1 year outside, you can also qualify for fresh 6 years. But that petition will have to be filed under cap.
Both options are perfectly fine.

[smanjunath14]

Hi,

I had H1b Visa filed on OCT 2008 and i was working for Company-A in US until 2010. Due to personnal reason i had to return back to India.

I am looking for an oppurtunity in US but My H1B visa has been expired on Dec 2011. I am looking for a employer who is willing to sponsor My H1.

My new H1B petition will it be H1 Cap Exempt or not?