H1B Cap exempt Visa filing

[akshar007]

H1B Cap Exemption

Hi, My H1B petition got picked in 2007 quota and i got stamped in 2008 April and went to US stayed there for 1 year and came back in 2009 September. My petition was valid till 2010 September. Am i eligible to apply H1B under cap exemption.

[raghvi]

Hi, My H1B petition got picked in 2007 quota and i got stamped in 2008 April and went to US stayed there for 1 year and came back in 2009 September. My petition was valid till 2010 September. Am i eligible to apply H1B under cap exemption.

Yes but only till 2015 Sep.

This is my opinion not legal advice.

[chintan055]

Need advice on OPT

Hello,

I have a query.

1. Have done MS in CS from USA. Used OPT for 3 months and then was on H1B.
2. Currently used approx. 3.5 years of H1B. Applied for MBA program. Waiting for the result.
3. By the time I start MBA, I will have over 2 years of H1B left so thats no issue.

Questions :
1. Am I eligible for 2nd OPT- Can I use OPT which I didn't use before?
2. Can I go on H1B visa right after my gardaution based on 'Cap exempt H1B visa program'.

Thanks in advance.

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.

[Alienonwaiting]

H1B Cap exempt Visa

I have stamped H1B visa that was filed by some consultant in Year 2007. I never came on that visa and it was never utilized.

Visa issue Date : 27 Aug 2007
Visa Expiration Date : 31 Aug 2010

I was in USA in L1B from 2010 to 2013.

Would I qualify for a CAP Exempt application. Please suggest

when I checked below website it says no, I tried with my existing employer(MNC) as well and they are also not entertaining more than 6 years old visa.

http://www.usavisanow.com/h-1b-visa/h1b-visa-resources/new-h-1b-cap-exempt/

[raghvi]

I have stamped H1B visa that was filed by some consultant in Year 2007. I never came on that visa and it was never utilized.

Visa issue Date : 27 Aug 2007
Visa Expiration Date : 31 Aug 2010

I was in USA in L1B from 2010 to 2013.

Would I qualify for a CAP Exempt application. Please suggest

when I checked below website it says no, I tried with my existing employer(MNC) as well and they are also not entertaining more than 6 years old visa.

http://www.usavisanow.com/h-1b-visa/...1b-cap-exempt/

I dont think you are cap exempt, as it was filed more than 6 Years back , and was never activated in last 6 Years.

This is my opinion not legal advice.

[Alienonwaiting]

I dont think you are cap exempt, as it was filed more than 6 Years back , and was never activated in last 6 Years.

This is my opinion not legal advice.

Thanks Raghvi! I am not selected this year either

[Alienonwaiting]

Thanks Raghvi! I am not selected this year either

search "H1B Cap Exempt - Already Counted in H1B Cap more than 6 Yrs"

it says

Finally what's the Aytes memo trying to tell us is that

"If you are previously counted in the H1B Cap and you had not utilized the entire 6 years of H1B stay, You can file a cap exempt H1B petition at any time and eligible to reclaim the remaining period using H1B Remainder option. “

Please suggest!! your reply is highly appreciable!!

[vdya]

Am i Eligible for H1b cap exempt visa extension for unused period ?

I got my H1B approved and valid from Oct 2008 – Sept 2011.
Worked on H1B for 6 months, then returned to my home country, and started employment with a different firm.
The employer wished to transfer me to US, he could use the H1B petition(as i was abroad and it was applied in last 6 yrs) out-of-the-cap to recapture the left over period from the previous petition which was successful and i moved to US, with the visa validity from 2014-2018.
When i am trying to approach other employers here ,their immigration team says that i have maxed out on H1B time and that they would not be able to hire and apply my GC.

Is the H1B not eligible for extension as i still have more than 4 years to be used? Is it because i can only apply once as cap exempt? Can someone please suggest if the other employer is right, or if i have misunderstood the case.

[ukhante]

Need Information for H1B Cap Exempt

Hi,

I have got my H1 B in 2012 visa stamped for 1 year. I traveled in Jan 2013 and stayed there for 1.6 years. In that period i filed extension and it got extended till 2016. But i came back in May, 2014. And till date i have not traveled to USA. Now my visa is not valid. I want to understand
1. Will it go in CAP Exempt?
2. If i have to travel now, should i have to go through cap exemption filing?
3. If so, till what duration i can file for cap exemption visa?

Thanks in advance for replying.

[raghvi]

Hi,

I have got my H1 B in 2012 visa stamped for 1 year. I traveled in Jan 2013 and stayed there for 1.6 years. In that period i filed extension and it got extended till 2016. But i came back in May, 2014. And till date i have not traveled to USA. Now my visa is not valid. I want to understand
1. Will it go in CAP Exempt?
2. If i have to travel now, should i have to go through cap exemption filing?
3. If so, till what duration i can file for cap exemption visa?

Thanks in advance for replying.

You appear to be cap exempt. do you have an employer ready to file the cap exempt petition for you?

This is my opinion not legal advice.

[ukhante]

You appear to be cap exempt. do you have an employer ready to file the cap exempt petition for you?

This is my opinion not legal advice.

Thanks for Replying.
I am not sure if my current employer will file it or not. That is the reason i was asking about how long CAP EXEMPT will be valid for?
Also can any other employer file for me with my expired visa reference?

Sorry for asking so many question