2006 H1B CAP Exempt Approved


L2EADGC

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Hello,

 

 My H1B has been approved as CAP Exempt .

 

1) Came to USA on L1A in July 2004.

2) Went back to India in May 2006.

3) Got H1B petition approved through a different employer in Septermber 2006, but this H1 was never used and I was never on H1B status.

4) Came back to US on L1 in November 2006 and stayed on L1B and L1A visa till May 2012.

5) Exhausted 7 years period on L1 status.

6) Stayed in India from May 2012 to August 2013.

7) Returned back to USA in August 2013 on H4 visa as a dependent to my spouse.

8) Filed for a cap-exempt H1B in January 2014 using my old H1B that was approved in 2006.

9) Got an RFE on Employee-Employer relationship , Dependent Status and Recapture dates.

10) For recapture dates they asked me to send my passport all pages and last years tax return documents.

11) RFE was responded on 31st Jan 2014, documents reached USCIS on 3rd Feb 2014.

12) H1B has been approved on 5th Feb 2014.

 

From all this I feel as long as we have one approved H1B petition and no matter when it was filed , we are eligible for CAP Exempt.

 

Note :- My H1B COS has been filed by a very good attorney.

 

Thanks everyone on this forum for sharing useful information.

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Yes, it was. The question is whether its premium or not, its more about if we can use a petition that was more than 6 years old as cap exempt and if we were on L1A during those 6 years can we still use the petition after staying out of the country for 365 days and i think we can.

 

This is one grey area and i don't think anyone has a correct answer.

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  • 4 weeks later...

Hi, 

  

I am also planning to recapture my unused H1B days but my H1B got expired in 2006. I still have 1.5 yrs remaining and wondering whether it is possible to do H1B cap excempt in my case. 

 

If possible can you please share your attorney's details.

 

Thanks.

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  • 3 weeks later...

Hi L2EADGC,

 

Thanks for posting such an encouraging news that people will be eligible for cap-exempt h1b even if they have older (> 6years) h1b approval as on date.

 

Could you please share the attorney details whom through you filed your cap-exempt h1b. Please send it to my email *************@ gmail.com

 

Thanks much!

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Hello,

 

 My H1B has been approved as CAP Exempt .

 

1) Came to USA on L1A in July 2004.

2) Went back to India in May 2006.

3) Got H1B petition approved through a different employer in Septermber 2006, but this H1 was never used and I was never on H1B status.

4) Came back to US on L1 in November 2006 and stayed on L1B and L1A visa till May 2012.

5) Exhausted 7 years period on L1 status.

6) Stayed in India from May 2012 to August 2013.

7) Returned back to USA in August 2013 on H4 visa as a dependent to my spouse.

8) Filed for a cap-exempt H1B in January 2014 using my old H1B that was approved in 2006.

9) Got an RFE on Employee-Employer relationship , Dependent Status and Recapture dates.

10) For recapture dates they asked me to send my passport all pages and last years tax return documents.

11) RFE was responded on 31st Jan 2014, documents reached USCIS on 3rd Feb 2014.

12) H1B has been approved on 5th Feb 2014.

 

From all this I feel as long as we have one approved H1B petition and no matter when it was filed , we are eligible for CAP Exempt.

 

Note :- My H1B COS has been filed by a very good attorney.

 

Thanks everyone on this forum for sharing useful information.

 

Hi, can you share the attorney details with me? please send the details to ************at gmail . com

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  • 7 months later...
Dear L2EADGC,

 

Good Day!!

Thanks for sharing  details on CAP exempt H1b visa.

 Request you to let me know whether my case given below can be approved as CAP Exempt.

 

I got my H1b approved (CA) on 10/01/2005 and was valid up to 12/27/2007 however i never used H1b to work in US.I have applied SSN from NJ.

Case type I129 Receipt number Wac-05-059-50268

I have joined IBM India in 2005 and they have applied  L1b (EAC-07-023-50499) for me and  approved  the same on 2006 ( valid up to 2009). I have never traveled on My L1b Either. I have travelled to US on B1/B2 Visa which was valid up to 2014. Now I want to recapture My H1b.

Could you please share attorney name and other details to proceed from here?

 

Thanks

HSB

**************@gmail.com
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  • 4 months later...

Hello,

 

 My H1B has been approved as CAP Exempt .

 

1) Came to USA on L1A in July 2004.

2) Went back to India in May 2006.

3) Got H1B petition approved through a different employer in Septermber 2006, but this H1 was never used and I was never on H1B status.

4) Came back to US on L1 in November 2006 and stayed on L1B and L1A visa till May 2012.

5) Exhausted 7 years period on L1 status.

6) Stayed in India from May 2012 to August 2013.

7) Returned back to USA in August 2013 on H4 visa as a dependent to my spouse.

8) Filed for a cap-exempt H1B in January 2014 using my old H1B that was approved in 2006.

9) Got an RFE on Employee-Employer relationship , Dependent Status and Recapture dates.

10) For recapture dates they asked me to send my passport all pages and last years tax return documents.

11) RFE was responded on 31st Jan 2014, documents reached USCIS on 3rd Feb 2014.

12) H1B has been approved on 5th Feb 2014.

 

From all this I feel as long as we have one approved H1B petition and no matter when it was filed , we are eligible for CAP Exempt.

 

Note :- My H1B COS has been filed by a very good attorney.

 

Thanks everyone on this forum for sharing useful information.

Dear L2EADGC,

For recapturing the remaining H1B period , whether they will ask for previous US paystubs ?

Kindly let me know .

 

Thanks in advance

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  • 2 months later...

Hi All,

 

I Just need clarification on H1B . I had filed for H1B personally and my H1b petition go approved in 2007 quota valid from Jan 12th 2008 to September 1st 2010.

 

I never worked on H1B nor gone for stamping .

 

Right now my current visa status L1B , L1B petition expiry date 4th Nov 2015. I would be completing 5 years of my L1B visa.

 

Now, I would like to know whether I can file H1B petition using the CAP exempt remainder option (for remaining one year) from my old H1B petition which was approved in 2007 as it was approved more than  6 years back.

 

Thanks is advance and greatly appreciate your help.

 

Thanks,

SG.

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  • 2 months later...
  • 1 month later...

Hello,

 

 My H1B has been approved as CAP Exempt .

 

1) Came to USA on L1A in July 2004.

2) Went back to India in May 2006.

3) Got H1B petition approved through a different employer in Septermber 2006, but this H1 was never used and I was never on H1B status.

4) Came back to US on L1 in November 2006 and stayed on L1B and L1A visa till May 2012.

5) Exhausted 7 years period on L1 status.

6) Stayed in India from May 2012 to August 2013.

7) Returned back to USA in August 2013 on H4 visa as a dependent to my spouse.

8) Filed for a cap-exempt H1B in January 2014 using my old H1B that was approved in 2006.

9) Got an RFE on Employee-Employer relationship , Dependent Status and Recapture dates.

10) For recapture dates they asked me to send my passport all pages and last years tax return documents.

11) RFE was responded on 31st Jan 2014, documents reached USCIS on 3rd Feb 2014.

12) H1B has been approved on 5th Feb 2014.

 

From all this I feel as long as we have one approved H1B petition and no matter when it was filed , we are eligible for CAP Exempt.

 

Note :- My H1B COS has been filed by a very good attorney.

 

Thanks everyone on this forum for sharing useful information.

Please share your very good atorney's contact information on the email ************@GMAIL.COM. Thanks a ton.

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  • 5 months later...
  • 1 year later...

Coul

On 2/11/2014 at 2:07 PM, L2EADGC said:

Hello,

 

 My H1B has been approved as CAP Exempt .

 

1) Came to USA on L1A in July 2004.

2) Went back to India in May 2006.

3) Got H1B petition approved through a different employer in Septermber 2006, but this H1 was never used and I was never on H1B status.

4) Came back to US on L1 in November 2006 and stayed on L1B and L1A visa till May 2012.

5) Exhausted 7 years period on L1 status.

6) Stayed in India from May 2012 to August 2013.

7) Returned back to USA in August 2013 on H4 visa as a dependent to my spouse.

8) Filed for a cap-exempt H1B in January 2014 using my old H1B that was approved in 2006.

9) Got an RFE on Employee-Employer relationship , Dependent Status and Recapture dates.

10) For recapture dates they asked me to send my passport all pages and last years tax return documents.

11) RFE was responded on 31st Jan 2014, documents reached USCIS on 3rd Feb 2014.

12) H1B has been approved on 5th Feb 2014.

 

From all this I feel as long as we have one approved H1B petition and no matter when it was filed , we are eligible for CAP Exempt.

 

Note :- My H1B COS has been filed by a very good attorney.

 

Thanks everyone on this forum for sharing useful information.

Could you share attorney details? Thanks..

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