H1B Cap exempt Visa filing

[dsatheesh_cs]

Hi Experts

I need some inputs on H1b-Cap exempt filing. I had a H1B visa from Jan 2005 – Jan 2011. But i returned from US on June 2010. I had 6 months still left in my 1st H1b visa.
Now it is already Feb 2012. My employer is a saying i am eligible to file H1b cap exempt. I am confused and would need some advise from you.My employer is a Inida’s top IT service company and not any non profit organization.
1. Is it real that i can apply for H1b cap exempt for 2012?
2. If i apply for how long will i get the visa. Is it only for the 6 months that is unutilized in my first H1b?
3. If h1b exempt is true what is the probability of getting it approved. Is there any premium process for it.

i am in great confusion.please let me know.

Thanks
Sat

[shervin143]

1. Is it real that i can apply for H1b cap exempt for 2012?
>>> If you still have some time left in your previous H1B CAP, then that can be recaptured.

2. If i apply for how long will i get the visa. Is it only for the 6 months that is unutilized in my first H1b?
>>> Yes. First of all a new petition will need to be filed to recapture the remaining period. Yu wil have to apply for the visa based on the approved petition. Visa will be issued only till the petition expiry date.

3. If h1b exempt is true what is the probability of getting it approved. Is there any premium process for it.
>>> Yes, there is a premium processing.

[dsatheesh_cs]

H1B Cap exempt Visa filing

Thanks Shervin.

So if that is the case then if i apply for H1 Cap exempt petition i might get petitiation validity only for 6 months which is left in my old H1B? Is my understanding correct?

Is there any catch that it can be applied for only non profit organization?

Thanks!

[shervin143]

So if that is the case then if i apply for H1 Cap exempt petition i might get petitiation validity only for 6 months which is left in my old H1B? Is my understanding correct?
>>> Correct. After completing your 6 years on that CAP you need to spend 1 year outside U.S to be eligible for a fresh H1B or L1.

Is there any catch that it can be applied for only non profit organization?
>>> No. Non-profit organizations doesn't need to go through CAP to file an H1B petition.

[dsatheesh_cs]

H1B Cap exempt Visa filing

Hi Shervin,

I have already stayed outside of US for 20 Months (1.5 Years).

So if i apply a cap exempt petition will i recapture only the 6 months unutliized in my old H1B ?

Or Since i had stayed outside US for more than 1 year is that i will be able to get a visa petition for another 6 years.

Please advise.

Thanks

[shervin143]

If you need a fresh 6 year period, then you have to file the H1B under a new CAP. The filing will start on April 1st 2012 with an H1B effective date of Oct 1st 2012 or later. If you use the old CAP, then after 6 months, you have to stay away from U.S for 1 more year to get a fresh 6 year CAP.

Hi Shervin,

I have already stayed outside of US for 20 Months (1.5 Years).

So if i apply a cap exempt petition will i recapture only the 6 months unutliized in my old H1B ?

Or Since i had stayed outside US for more than 1 year is that i will be able to get a visa petition for another 6 years.

Please advise.

Thanks

[dsatheesh_cs]

Thanks a lot Shervin

[pankaj_div]

Hi shervin,

Small clarification. He said his initial petition was filed on 2005 and so its older than 6 years. Can he still use that petition for filing CAP Exempt?( just because he didnt use that H1b for complete 6 years ).

In one of your previous posts you replied that if the peition is older than 6 years then we cannot use it

[silverprince]

Hi shervin,

Small clarification. He said his initial petition was filed on 2005 and so its older than 6 years. Can he still use that petition for filing CAP Exempt?( just because he didnt use that H1b for complete 6 years ).

In one of your previous posts you replied that if the peition is older than 6 years then we cannot use it

pankaj
h1b petition can be older than 6 years. That doesn't matter. It can still be used to file a fresh h1b petition under cap exempt, provided he held h1b status within the last 6 years...

[curious.mainframes]

pankaj
h1b petition can be older than 6 years. That doesn't matter. It can still be used to file a fresh h1b petition under cap exempt, provided he held h1b status within the last 6 years...

Shevrin,
I had a H1B Petition from 4th Oct 2004 till 15th Jul 2007 from my previous employer. H1B Visa was stamped in April 2005. I never used this H1 to travel to US. Can I still use this H1B Visa to file a H1B visa under Cap Exemption.

How ever my B1 got filed from my current employer in 2008 and visted us from Feb 2008 till March 2008 (1.5 months) and then from Sep 11 to Oct 2011 (1 month).
I know my petition start date is more than 6 years, but validity of petition was till 15th July 2007.
Do I fall under a CAP Exempt? Can I file H1B Visa now with cap exempt? How much time is required for getting a cap exempt visa?

[angadp]

Shevrin,
I had a H1B Petition from 4th Oct 2004 till 15th Jul 2007 from my previous employer. H1B Visa was stamped in April 2005. I never used this H1 to travel to US. Can I still use this H1B Visa to file a H1B visa under Cap Exemption.

How ever my B1 got filed from my current employer in 2008 and visted us from Feb 2008 till March 2008 (1.5 months) and then from Sep 11 to Oct 2011 (1 month).
I know my petition start date is more than 6 years, but validity of petition was till 15th July 2007.
Do I fall under a CAP Exempt? Can I file H1B Visa now with cap exempt? How much time is required for getting a cap exempt visa?

Hi, curious.mainframes
I am also in same situation.Did you get answer of your query?

[rattanshankar]

H1B duration in case of Case Exempt application

My H1B petition validity was from 1st oct 2008 to 29th august 2011. I got the visa stamping done, but never traveled to US on H1B. Now I have changed jobs and my new employer indicates that my H1B can be filed on a cap-exempt basis. My question is:
1. Will I get H1B only for the remaining period of 6 years, i.e., only until 30th September 2014 or can I get H1B stamping for 3 years.

Your response will be highly appreciated.

[raghvi]

My H1B petition validity was from 1st oct 2008 to 29th august 2011. I got the visa stamping done, but never traveled to US on H1B. Now I have changed jobs and my new employer indicates that my H1B can be filed on a cap-exempt basis. My question is:
1. Will I get H1B only for the remaining period of 6 years, i.e., only until 30th September 2014 or can I get H1B stamping for 3 years.

Your response will be highly appreciated.

If your employer request and is able to show work for 3 Years, you would get it for 3 Years.

This is my opinion not legal advice.

[rattanshankar]

Thank You

If your employer request and is able to show work for 3 Years, you would get it for 3 Years.

This is my opinion not legal advice.

Thank you for your response.

[rattanshankar]

H1 Petition Validity and Extention

Hello,
I got my H1 petition acceptance yesterday and it is valid for one year until Feb 2015. I intend to stay in USA for a long duration. Please advise whether it is possible to file for an extension of Petition while in US itself. Also, once the extension comes through, can I get the H1 stamping done in US itself, or do I have to travel back to my home country for stamping.