Cap Exempt?

[mitgc]

Hi Guys

By reading all these post, it seems you are all expert. I wanted know if I am really cap-exempt?

H1B approved in Apr 2010 from company A but din't travelled since project got cancelled on last moment.

Company B (new) is offering job now and want to consider for h1b filing. Am I cap exempt based upon the fact that I was already counted against Cap in last 6 yrs from now (basically counted in 2010 as mentioned above)?

[mitgc]

Actually I forgot to mention in my original post that, I also got successfully stamped that H1 on my passport.

Now the question is- if this cap-exempt petition is approved this time then How many years I will have on this h1?

[JoeF]

Yes, if you have been counted for the cap in the last 6 years, you are not counted again, so the new H1 can start at any time.

The time in the US on H1 counts for the duration. If you haven't been in the US on H1 yet you still have the full 6 years.

[mitgc]

Thanks. its seemed it has processed through and I have got the RFE today for education credential evaluation since employer is technology consulting firm and they also asked whether I have entered into US or not after getting this H1B.

This is how they mentioned in RFE - "This information is needed to determine the eligibility of entire requested validity period. Please submit written statement on whether beneficiary was entered into US or not. If beneficiary has entered US please submit copy of I-94/Passport."

I had CES report which I am going to submit and reply to above question.

according to your statement above I should be getting 6 full yrs. I hope that is the meaning of question they asked as mentioned above.

Can you please throw light on this. Also, I hope after submitting CES report they would find it my education equivalent to US High school..

[newbie11]

Hello mitgc

I am in the same situation right now and will be applying cap exempt H1B Visa.

Could you please update,if you replied to RFE and is your H1B approved ?

Thanks so much