Am i eligible for cap exempt H1B visa?

[Somasekar]

I have got my I797B approved through a company during 2008. I didn't go for stamping as the JOB situation was very bad in US. The work petition (I797B) got over in september 19 2011. I haven't travelled to US during this period. Is there a possibility to reuse that work petition now?

If yes, what is the procedure i should follow?

[0407]

You are. you need a proof of approval. At least the receipt notice if not approval notice

[pontevecchio]

You cannot reuse that approval. You have been capped and no fraud was involved. You are still entitled to a total of 6 years in H1 status with no period more than 3 years. Basically find a H1 sponsor who will file a petition for you not subject to the cap. Once the petition is approved get your visa stamp and come over and work.

[Somasekar]

Thanks Folks.

0407,

You meant I797B hard copy/hard copy as proof of approval right? Correct me if I am wrong. I have both I797B hard and softcopy with me sent by the previous employer.

pontevecchio,

I should be able to approach companies and convey them that i have a cap exempt unused h1b which can be utilised.

This is a good one for me.

I also heard that certain companies are not willing to use this as they might have to answer a lot of legal questions. Their concern is that you should have atleast worked 2 months with that sponsored company in order to do a H1B transfer. I think this was the case when my friend had an unused valid H1B.

In my case since the H1B has become invalid, there is no H1B transfer possible but re-application of H1B petition by new employer under cap-exempt category.

Please correct me if i am wrong with my understanding.

[0407]

Some proof of approval. Soft copy of approval notice is more than enough.

[Somasekar]

0407,

Couple of question.

1) Since I haven't used the H1B, how should i ensure that the previous employer hasn't revoked the H1B?

I typed my receipt number in uscis website and got the below reply. From the below message i think they haven't revoked my H1B. Am i right here?

Post Decision Activity

On June 16, 2008, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

2) Can I process the H1B again with the revoked petition from the employer?

[0407]

Even if he has revoked the petition, It won't matter. Once cap counted you are cap counted till you end up using 6 years of H1B

[pontevecchio]

Revocation is immaterial and you can have the new employer file your H1 petition irrespective.

[vishal.lko]

What do you mean by "Once cap counted you are cap counted till you end up using 6 years of H1B". if I797B validity is 10/1/2008 to 8/31/2011 can he apply H1b in cap exempt in Oct/1/2015 ?

[lvithal]

Hi ,

I got H1b on oct 2007, I was in us for only four months and my visa has been expired on sep2010. 

I am eligible for re-applying my H1b with out CAP. please advise me.

[pontevecchio]

6 years of H1B status means 6 years of working here in H1 status in total and excludes periods abroad.

[jairichi]

Hi ,

I got H1b on oct 2007, I was in us for only four months and my visa has been expired on sep2010. 

I am eligible for re-applying my H1b with out CAP. please advise me.

Yes, you are. Talk to an attorney from Murthy law firm.

[HKK]

Hi , I am 2009 H1B Applicant and I have received I797B approval notice valid from 01-Oct-2009 to 30-Sep-2011. I have not used it till now 11-Feb-2019. Am I still cap exempt?  I applied it through one small company in the USA at that time. Now can I transfer my H1B to my current employer where I am working from India , who is ready to transfer my H1B.