Is my Cases eligible for Cap Exempt

[nagendrakumar]

Hi ,

I got my First H1 from company A ,then entered USA on 17 April 2004 and then moved to company B after 8 months and stayed in US untill 22 Jan 2006 and came back to India.

again i got another H1 filed though company A again and entered USA on 23 Jan 2007 (which i entered back after 1 year.so my 6 year term should restart) and then after 1 year i moved to Company C and stayed in US untill 29 sep 2010.



17 April 2004 - 22 Jan 2006 (1 year 8 months ) .i

23 Jan 2007 - 29 Sep 2010 ( 3 Year 9 months ) (3 years on H1 and extra 9 months ,as my extension application was under process and i got my H1 extension denied)



so now if i want to apply for a new H1 for 2012 .Am i eligible for Cap Exempt?. as the current year cap already finished.

[shervin143]

I got my First H1 from company A ,then entered USA on 17 April 2004 and then moved to company B after 8 months and stayed in US untill 22 Jan 2006 and came back to India.

again i got another H1 filed though company A again and entered USA on 23 Jan 2007 (which i entered back after 1 year.so my 6 year term should restart)
>>> Was the H1B filed under a brand new CAP or the employer used your previous CAP to file a new H1B petition?


and then after 1 year i moved to Company C and stayed in US untill 29 sep 2010.
17 April 2004 - 22 Jan 2006 (1 year 8 months ) .i

23 Jan 2007 - 29 Sep 2010 ( 3 Year 9 months ) (3 years on H1 and extra 9 months ,as my extension application was under process and i got my H1 extension denied)

so now if i want to apply for a new H1 for 2012 .Am i eligible for Cap Exempt?. as the current year cap already finished.
>>> It depends on the answer to the above question.

[nagendrakumar]

Hi,
Thanks for the response . I do not know if they filed under new cap or previous cap.is there any way i can find it out myself,as i lost touch with that employer.

[shervin143]

Was the CAP for that financial year still open when you filed the petition? My guess is your employer might have used your previous H1B approval notice and used the CAP from that petition to file a new one. Unless your petition is filed under a new CAP, your stay out of U.S for 1 whole year is useless. The 6 year limit will not get reset if you have used your old CAP.

Hi,
Thanks for the response . I do not know if they filed under new cap or previous cap.is there any way i can find it out myself,as i lost touch with that employer.

[nagendrakumar]

Thanks for the response.for your question
">>>Was the CAP for that financial year still open when you filed the petition" . i don't remember if the CAP still was open.is there any way to know that from my H1 Approval documents?.