H1 b cap exempt

[myvisaquery]

My employer has agreed to apply for my H1 b visa.. our lawyer suggests that I come under the H1 b cap exempt category since I previously had a H1 be work permit . The details are as follows

I got a h1 B work permit in 2004

worked until 2006 and then left the country and the visa subsequently expired

Not sure as to how I could I still come under H1 b cap exempt category . Its been 6 years now..

[shervin143]

You have to go for a new CAP (Filing starts on April 1st) with the H1B start date of Oct 1st. You will get a fresh 6 year period.

[way2usa2014]

I have similar question. My case -
1) Applied for H1B and stayed in US between 2006 to 2009
2) Applied for H1B extension and got it stamped for 2009 to 2012
3) Stayed in US for 6 months and returned back in March 2010 due to personal issues and joined a company in India.
4) Indian Company asked me to file B1 in 2010. I got multiple entry B1 which is valid till 2021. But H1B got "Cancelled without Prejudice"
5) Travelled twice on B1 (once in 2011 & 2012)

Now I would like to use the H1 cap exempt and there is one employer who is ready to file it. The questions are -
1) Is cap exempt valid for my case?
2) If yes then can I enter US with B1 visa, file for H1B (premium), get it approved and start work there immediately. provided I get more than 2 months on I-94 for all this to take place.
3) Is this legal?

Please help me find answers to these questions.

[raghvi]

I have similar question. My case -
1) Applied for H1B and stayed in US between 2006 to 2009
2) Applied for H1B extension and got it stamped for 2009 to 2012
3) Stayed in US for 6 months and returned back in March 2010 due to personal issues and joined a company in India.
4) Indian Company asked me to file B1 in 2010. I got multiple entry B1 which is valid till 2021. But H1B got "Cancelled without Prejudice"
5) Travelled twice on B1 (once in 2011 & 2012)

Now I would like to use the H1 cap exempt and there is one employer who is ready to file it. The questions are -
1) Is cap exempt valid for my case?
2) If yes then can I enter US with B1 visa, file for H1B (premium), get it approved and start work there immediately. provided I get more than 2 months on I-94 for all this to take place.
3) Is this legal?

Please help me find answers to these questions.

1. Yes.
2. Yes it can be done.
3. I dont see any issues.

Challenges:
1. You would need the earlier approval notice to the new employer in order to enable the lawyers to file the cap exempt petition.
2. If the POE officer marks a no AOS/EOS/COS then you cannot do a transfer to H1 without leaving US.
3. B1 to H1 success rate is low, most of the time the transfer may get approved but as consular process and you would need to get h1 stamped at a consulate outside US in order to move to H1.

This is my opinion not legal advice.

[way2usa2014]

1. Yes.
2. Yes it can be done.
3. I dont see any issues.

Challenges:
1. You would need the earlier approval notice to the new employer in order to enable the lawyers to file the cap exempt petition.
2. If the POE officer marks a no AOS/EOS/COS then you cannot do a transfer to H1 without leaving US.
3. B1 to H1 success rate is low, most of the time the transfer may get approved but as consular process and you would need to get h1 stamped at a consulate outside US in order to move to H1.

This is my opinion not legal advice.

Thanks a lot for your response.