arunsadhasivam Posted September 9, 2014 Report Share Posted September 9, 2014 Hi, i got my visa stamped on feb 2013 and expired on oct 2013. i could not able to travel due to some personal problem. then i quit the company. i get to know from my friends that i can use my visa even expired under cap Exempt as cap count is eligble for 6 years. now i plan to rejoin and plan to use my visa based on that i have a query . please advice the below criteria. visa stamped : feb 2013. expire : oct 2013 revoced : dec 2013. Visa Status on USICS site the previous decision made on your case was revoked Please advice me whether am i eligble for cap exempt. as i am confused some forum says "once H1b stamped eligble for next 6 years" for cap exempt. other says not possible. please advice. Link to comment
itsmeusa Posted September 9, 2014 Report Share Posted September 9, 2014 I think the details that you have given are insufficient. Please provide all the details clearly so that someone could help you. Link to comment
jairichi Posted September 9, 2014 Report Share Posted September 9, 2014 Yes you are cap exempt. Link to comment
arunsadhasivam Posted September 9, 2014 Author Report Share Posted September 9, 2014 Please let me know any other details you need. I think the details that you have given are insufficient. Please provide all the details clearly so that someone could help you. Link to comment
arunsadhasivam Posted September 10, 2014 Author Report Share Posted September 10, 2014 Please let me know any other details you need. i got my h1b visa in shanghai stamped in feb 2013, i spend few months in shanghai , and come to india due to personal reasons i could not able to travel and finally it got expired and also my company revoked my petition. Now is it possible to use my expired and revoked h1b to file a new H1b under cap Exempt category please kindly advice. Link to comment
jairichi Posted September 10, 2014 Report Share Posted September 10, 2014 i got my h1b visa in shanghai stamped in feb 2013, i spend few months in shanghai , and come to india due to personal reasons i could not able to travel and finally it got expired and also my company revoked my petition. Now is it possible to use my expired and revoked h1b to file a new H1b under cap Exempt category please kindly advice. Yes, you are cap exempt. Link to comment
arunsadhasivam Posted September 20, 2014 Author Report Share Posted September 20, 2014 thanks so much. is there any rejection chance. Link to comment
jairichi Posted September 20, 2014 Report Share Posted September 20, 2014 thanks so much. is there any rejection chance. Rejection depends on documents employer submits. Link to comment
arunsadhasivam Posted September 21, 2014 Author Report Share Posted September 21, 2014 if any more documents needed means i can still submit and get approved right , they wont simply reject right?. Link to comment
jairichi Posted September 21, 2014 Report Share Posted September 21, 2014 if any more documents needed means i can still submit and get approved right , they wont simply reject right?. There will be a RFE (Request For Evidence) if additional documents are needed and your employer will be given a timeframe to respond. Link to comment
arunsadhasivam Posted September 22, 2014 Author Report Share Posted September 22, 2014 There will be a RFE (Request For Evidence) if additional documents are needed and your employer will be given a timeframe to respond. thanks so much Link to comment
arunsadhasivam Posted October 6, 2014 Author Report Share Posted October 6, 2014 There will be a RFE (Request For Evidence) if additional documents are needed and your employer will be given a timeframe to respond. if anybody in this situation, with visa stamped but revoked and pettion expired . please share your comments Link to comment
arunsadhasivam Posted October 19, 2014 Author Report Share Posted October 19, 2014 any company can sponsor h1b under cap exempt or only that company which stamped h1b Link to comment
jairichi Posted October 19, 2014 Report Share Posted October 19, 2014 any company can sponsor h1b under cap exempt or only that company which stamped h1b Any employer. Link to comment
arunsadhasivam Posted October 22, 2014 Author Report Share Posted October 22, 2014 ex-company who revoked can easily renew under h1b cap -exempt or other company . please advice. when i call usics global number, they said they need the petitioner who filed h1b to talk about for renewal. Link to comment
jairichi Posted October 22, 2014 Report Share Posted October 22, 2014 ex-company who revoked can easily renew under h1b cap -exempt or other company . please advice. when i call usics global number, they said they need the petitioner who filed h1b to talk about for renewal. Either your ex-employer or any employer can file a cap exempt H1B petition. You will never be given any details as USCIS will divulge details only to petitioner (employer) or employer's attorney. Link to comment
arunsadhasivam Posted October 30, 2014 Author Report Share Posted October 30, 2014 thanks for your reply.i dont have I-197 petition since my ex- employer dont give that petition during time relieved from company. but got h1b stamped .please let me know is that petition needed or h1b stamped copy is enough. Also i heared if revoked on specific date , visa cannot be renewed. please advice is it true. Link to comment
arunsadhasivam Posted November 15, 2014 Author Report Share Posted November 15, 2014 please advice on this. Link to comment
jairichi Posted November 15, 2014 Report Share Posted November 15, 2014 thanks for your reply.i dont have I-197 petition since my ex- employer dont give that petition during time relieved from company. but got h1b stamped .please let me know is that petition needed or h1b stamped copy is enough. Also i heared if revoked on specific date , visa cannot be renewed. please advice is it true. Do you have at least petition number? Employer revoking H1B petition will not have any effect on future H1B petitions. Link to comment
arunsadhasivam Posted December 8, 2014 Author Report Share Posted December 8, 2014 is there any time period for visa to be in non-active state i.e not utilized state and is there any rule if it exceeds cant be processed. because some people saying that way . please advice on this. Link to comment
jairichi Posted December 8, 2014 Report Share Posted December 8, 2014 is there any time period for visa to be in non-active state i.e not utilized state and is there any rule if it exceeds cant be processed. because some people saying that way . please advice on this. There used to be a rule that the cap exempt H1B petition has to be filed within 6 years from the date of cap subject H1B petition approval. But, its interpretation varies from one law firm to another. Talk to an attorney from Murthy law firm. Link to comment
jairichi Posted December 8, 2014 Report Share Posted December 8, 2014 is there any time period for visa to be in non-active state i.e not utilized state and is there any rule if it exceeds cant be processed. because some people saying that way . please advice on this. http://forum.murthy.com/index.php?/topic/72359-h-1b-cap-exemption-issues/?hl=attorney_25#entry282812 Link to comment
arunsadhasivam Posted December 9, 2014 Author Report Share Posted December 9, 2014 jairichi thanks as per your link comment i am eligible.as per #21 comment is it so . because some consultancy says i am eligible and some says i am not eligible. please let me know is there any real rule which varies from one company to another. Link to comment
jairichi Posted December 9, 2014 Report Share Posted December 9, 2014 jairichi thanks as per your link comment i am eligible.as per #21 comment is it so . because some consultancy says i am eligible and some says i am not eligible. please let me know is there any real rule which varies from one company to another. That is the reason why I ask you to present your case to an attorney from Murthy law firm. Link to comment
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