Regarding my H1b status

[sarahbaines]

Hi,

 

I got my H1B approval in 2008. as I did not get a job due to recession I changed my status to h4 in 2009 march. till now I am on H4 status. Now I got a job offer and my employer has applied H1B under cap exemption (premium processing).  As 6 years already got over from the h1b approval date  I have 2 questions.

1. What is percentage of getting approval? do I come under cap exemption?

2. How much time it takes to get approval from and as I got receipt number can I start working?

 

Any help is appreciated. Thanks in advance.

[jairichi]

1. No such data exists in public domain. You are cap exempt.

2. 15 calendar days by PP.

[wiweq]

6 years are of H1b status days, they days you were on H1b status. In you case, looks like, you have used only 1 year, you still have 5 years left on your 6 years of H1b quota. 

[sarahbaines]

Hi All,

 

Thanks for replying to my question. sorry to ask this again. but I still have one doubt 

cap exemption is counted from the date of H1B Approval ( or ) 

From the date of expiry of H1B ?

suppose if H1 B is approved in 2008 and expires in 2011 then how cap exemption is counted

from 2008 or 2011? how 6 years of cap exemption is counted 

 

Please any one help me on this.Thanks in advance 

[jairichi]

Hi All,

 

Thanks for replying to my question. sorry to ask this again. but I still have one doubt 

cap exemption is counted from the date of H1B Approval ( or ) 

From the date of expiry of H1B ?

suppose if H1 B is approved in 2008 and expires in 2011 then how cap exemption is counted

from 2008 or 2011? how 6 years of cap exemption is counted 

 

Please any one help me on this.Thanks in advance 

Till the time your stay in US reaches 6 year limit on H1B status you are cap exempt.

[satishbaheti]

The Calculation done on the basis of your last 6 years and you must be on H1b Status in last 6 years period.

[wiweq]

Make it simple. 

6 years starts from the first day when you started working for your H1b employer.

[sarahbaines]

Once again Thanks for the reply to all.

 

I was granted H1B in 2008 . I was in H1B status but did not work . I was just trying for job. after 4 months trying I changed to h4 visa. That means I did not start my work using my H1B at all. So do I Come under cap exemption.

 

Thanks in advance

[pontevecchio]

Just to clarify, the original H1 petition DOES NOT need to have been approved in the last 6 years. That is a fallacy. Wiweq has put it very well.

[sarahbaines]

Hi All,

 

Thanks for helping me in understanding my H1B Cap exemption. Thanks for all your help.