manishqs Posted August 22, 2013 Report Share Posted August 22, 2013 Hi, I was on H1 from 2008 onward. I left US in 2011 October and did not return to US since then because of 221g given during stamping in India. My question is if i want to file a new H1, am i cap exempt? Or do i need to file under the CAP. Please advice. Link to comment
jairichi Posted August 22, 2013 Report Share Posted August 22, 2013 You are cap exempt. Link to comment
manishqs Posted August 26, 2013 Author Report Share Posted August 26, 2013 Actually my H1 visa is expired in JUNE 2013 and i am out of US for more than 1 year. So, in this scenario if i want to file a new H1, will it be cap exempt? Link to comment
jairichi Posted August 26, 2013 Report Share Posted August 26, 2013 Actually my H1 visa is expired in JUNE 2013 and i am out of US for more than 1 year. So, in this scenario if i want to file a new H1, will it be cap exempt? Even if you have not stayed out of US you are cap exempt as you have not used your full 6 years of maximum stay on H1B Link to comment
venkat7 Posted August 28, 2013 Report Share Posted August 28, 2013 Hi Jarichi, Is this cap exemption valid for any kind of organization, irrespective of profit or non-profit? Link to comment
jairichi Posted August 28, 2013 Report Share Posted August 28, 2013 Hi Jarichi, Is this cap exemption valid for any kind of organization, irrespective of profit or non-profit? If you were subject to cap once in your H1B you are cap exempt irrespective of profit or non-profit organization. Link to comment
manishqs Posted September 19, 2013 Author Report Share Posted September 19, 2013 Cap exempt means I can apply for a new H1 in any time of the year or should I wait till April 1st for applying? Link to comment
jairichi Posted September 19, 2013 Report Share Posted September 19, 2013 Cap exempt means I can apply for a new H1 in any time of the year or should I wait till April 1st for applying? Yes, a new employer can file a H1B petition anytime and upon approval you can start working immediately. If you are outside US you could travel with an unexpired H1B visa and show your new approved I797 at POE Link to comment
manishqs Posted June 9, 2014 Author Report Share Posted June 9, 2014 Hi jairichi Even if there is an approved I797, I would still need to go for a h1 visa stamping. ? Link to comment
jairichi Posted June 9, 2014 Report Share Posted June 9, 2014 Hi jairichi Even if there is an approved I797, I would still need to go for a h1 visa stamping. ? If your H1B visa is no longer valid you will need to go for H1B visa stamping even with an approved and valid I797. Link to comment
jairichi Posted June 9, 2014 Report Share Posted June 9, 2014 Hi Jarichi, Is this cap exemption valid for any kind of organization, irrespective of profit or non-profit? Any organization. Link to comment
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