vinaykadiyam Posted September 18, 2014 Report Share Posted September 18, 2014 Hi Sir, I got H1B visa in 2008 and it got expired in 2011. Due to personal problems I did not travel to USA. Now I am planning to come to USA on H1B visa. Can you help me on following regards, Am I eligible for Cap Exempt H1B? Do I have to file fresh filing and go to Visa Stamping again ? Thanks, Vinay Link to comment
jairichi Posted September 18, 2014 Report Share Posted September 18, 2014 You are cap exempt. New employer has to file a cap exempt H1B petition and on approval you need to approach an US consulate for H1B visa. Link to comment
vinaykadiyam Posted September 19, 2014 Author Report Share Posted September 19, 2014 Hi, Thanks for the reply. It's been more than 6 years I have filed my visa application. Do I still come under cap exempt? Thanks, Vinay. Link to comment
jairichi Posted September 19, 2014 Report Share Posted September 19, 2014 Hi, Thanks for the reply. It's been more than 6 years I have filed my visa application. Do I still come under cap exempt? Thanks, Vinay. Yes, you are. Talk to an attorney from Murthy law firm. Link to comment
itsmeusa Posted September 19, 2014 Report Share Posted September 19, 2014 In my opinion, if your visa application was filed more than 6 years back, you need to file cap exempt H1b. Reason being H1b gives you max 6 yrs of stay. Assuming, you entered on your H1b in 2008, you would have completed 6 years by now. Link to comment
vinaykadiyam Posted September 22, 2014 Author Report Share Posted September 22, 2014 In my opinion, if your visa application was filed more than 6 years back, you need to file cap exempt H1b. Reason being H1b gives you max 6 yrs of stay. Assuming, you entered on your H1b in 2008, you would have completed 6 years by now. Hi, Thanks for the reply. Sorry for asking again and again. You mean should I do fresh filing? Thanks, Vinay Link to comment
jairichi Posted September 22, 2014 Report Share Posted September 22, 2014 Hi, Thanks for the reply. Sorry for asking again and again. You mean should I do fresh filing? Thanks, Vinay Cap exempt H1B. Link to comment
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