H1B approved in Oct 2007, Not used till date. Currently in USA on L1B. Can I file for COS as CAP exempt?


d14399

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Hi,

 

I have a H1B petition approved in october 2007 valid till September 2010, but was not used till date. I am currently in USA  on L1B visa valid from December 2013 to March 2016.

 

Am I eligible to file for COS from L1B to H1B as CAP EXEMPT?

 

or

 

Am I ineligible to file for COS as CAP EXEMPT because the H1B approved previously was not used continuously for Six(6) years?

 

Please help me on this.

 

Thank you

Sree

 

 

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Hi,

 

I was working with Company X and Company Y filed a H1B which was approved in Aug 2007.  The stamping never happened and I never traveled.  I changed my job to Company Z in Oct 2007 and left it in Aug 2014.  Currently not working.  Can any employer now file for H1B under cap exempt category?  Since it is more than 7 years now, is it still possible?

 

Really appreciate a response on this.

 

Thanks,

 

Jeeten

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Hi,

 

I was working with Company X and Company Y filed a H1B which was approved in Aug 2007.  The stamping never happened and I never traveled.  I changed my job to Company Z in Oct 2007 and left it in Aug 2014.  Currently not working.  Can any employer now file for H1B under cap exempt category?  Since it is more than 7 years now, is it still possible?

 

Really appreciate a response on this.

 

Thanks,

 

Jeeten

Yes, you are considered cap exempt.

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Hi,

 

I have a H1B petition approved in october 2007 valid till September 2010, but was not used till date. I am currently in USA  on L1B visa valid from December 2013 to March 2016.

 

Am I eligible to file for COS from L1B to H1B as CAP EXEMPT?

 

or

 

Am I ineligible to file for COS as CAP EXEMPT because the H1B approved previously was not used continuously for Six(6) years?

 

Please help me on this.

 

Thank you

Sree

Hello Sree

    Are you able to get H1B visa on CAP exempt category ?

    I fall to same boat, I am trying to confirm that applying COS with cap exempt in cases like this is really successful, and not a theoritical stuff and visa stamping is not getting rejected

 

Thanks

Krupa

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