H1-B Cap Exemption

[Chiniful]

Hi,

I was approved in FY 2008 H1-B and worked in the U.S until 2011 then changed to work for another employer outside of U.S prior to extend my H1-B. I am looking to return to the States to work but would like to know (1) if I am qualified for cap exemption using the old FY2008 Cap? (2) If the old cap can be used, until when will the 6 year mark run out? FY 2013 or FY 2014? And if it's FY 2013, does that mean I will have to apply for extention prior to April 1 2013?


Thanks for your help!

[shervin143]

(1) if I am qualified for cap exemption using the old FY2008 Cap?
>>> Yes.

(2) If the old cap can be used, until when will the 6 year mark run out? FY 2013 or FY 2014? And if it's FY 2013, does that mean I will have to apply for extention prior to April 1 2013?
>>> 6 years minus the time you have already spend in U.S in H1B + L1 status combined. You can keep filing the extension until you reach the 6 year limit. Extension can be filed when the I-94 is about to expire. Extension can be filed 6 months prior to the I-94 expiry date (That is when you are inside U.S and have a valid I-94). If you are outside U.S, the extension or transfer can be filed anytime.

[Chiniful]

Thanks for your help! Just would like to clarify. So the H1-B cap exemption on extention only runs out if i use up the full 6 year under H1-B + L1 status combined and that how long ago was I approved for H1-B does not matter?

[akhil_agarwal1]

So the H1-B cap exemption on extention only runs out if i use up the full 6 year under H1-B + L1 status combined and that how long ago was I approved for H1-B does not matter?
Correct

[shervin143]

Your understanding is partially correct. An H1b CAP is valid only for 6 years. If you do not use the H1B CAP to file an extension or transfer for 6 years from its approval, then it gets void and you will have to go for a brand new CAP while filing the H1B petition.

Thanks for your help! Just would like to clarify. So the H1-B cap exemption on extention only runs out if i use up the full 6 year under H1-B + L1 status combined and that how long ago was I approved for H1-B does not matter?

[Chiniful]

Thanks! In that case, can you please advise when my FY 2008 approved H1-B Cap runs out? Is it FY 2013 (which means i will need to apply for extention before April 1 2013) or FY 2014 (apply for extention before April 1 2014)?

[shervin143]

Calculate 6 years from the effective date of your last H1B approval notice.

Thanks! In that case, can you please advise when my FY 2008 approved H1-B Cap runs out? Is it FY 2013 (which means i will need to apply for extention before April 1 2013) or FY 2014 (apply for extention before April 1 2014)?

[Chiniful]

Calculate 6 years from the effective date of your last H1B approval notice.

So let's say the effective date is 08/22/07, the 6 year period will end on 08/21/13?

Thank you v. much for your help!

[shervin143]

Yes.

So let's say the effective date is 08/22/07, the 6 year period will end on 08/21/13?

Thank you v. much for your help!