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Attorney_25

H-1B Cap Exemption Issues

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Hi Attorney,

My spouse got his first H1B in the month of Oct year 2008 . He has travelled to US on H1B 2 times, total of which is 1 year.

Now I am on H1B in U.S. and we are planning to get my spouse on H4 to US and later convert it to H1B by finding an employer, does he come under cap exempt ? And is his petition still valid as he got it in the year 2008 ?

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Hi Attorney,

My spouse got his first H1B in the month of Oct year 2008 . He has travelled to US on H1B 2 times, total of which is 1 year.

Now I am on H1B in U.S. and we are planning to get my spouse on H4 to US and later convert it to H1B by finding an employer, does he come under cap exempt ? And is his petition still valid as he got it in the year 2008 ?

Your spouse is cap exempt.

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Hello,

 

I am in a unique situation and would appreciate your help with this. I am working for a non profit under a cap exempt H1B since June 2012. I also had another H1B that was approved under the cap from a for profit company in July 2012 but I never joined that company and was never on their payroll.

 

I am planning to change to a different company and was unsure if I would need to be counted under the cap once again if I take up a job with a different for profit company or since I have been counted once in the past, am I exempt for the cap if I change companies?

 

Thanks much!

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Hello,

 

I am in a unique situation and would appreciate your help with this. I am working for a non profit under a cap exempt H1B since June 2012. I also had another H1B that was approved under the cap from a for profit company in July 2012 but I never joined that company and was never on their payroll.

 

I am planning to change to a different company and was unsure if I would need to be counted under the cap once again if I take up a job with a different for profit company or since I have been counted once in the past, am I exempt for the cap if I change companies?

 

Thanks much!

Since you went under the cap once you are cap exempted till you reach the maximum allowed stay of 6 years on H1B.

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Hi,

I had applied for H1B petition on April 2007 and got petition approved on September 2007. I traveled to USA and remained on H1B from April 2008 to December 2009 which is basically 1.5 years. Am I eligible to apply for cap exempt H1B petition now

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Hi,

I had applied for H1B petition on April 2007 and got petition approved on September 2007. I traveled to USA and remained on H1B from April 2008 to December 2009 which is basically 1.5 years. Am I eligible to apply for cap exempt H1B petition now

Yes, you are cap exempt. Talk to an attorney from Murthy law firm.

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Yes, you are cap exempt. Talk to an attorney from Murthy law firm.

 

But isn't it that cap exempt will only apply till 6 years. 2007 petition and I came on 2008 means 6 years is passed on 2014. 

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But isn't it that cap exempt will only apply till 6 years. 2007 petition and I came on 2008 means 6 years is passed on 2014. 

That is not the interpretation attorneys have. That is the reason why I asked you to get in touch with an immigration attorney from Murthy law firm.

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I was on J visa  . employer x applied for H1b in April 2014 cap . Lottery picked but petition denied . Cap exempt Employer Y  filed for my  H1b in September 2014 and got approved for 3 years. Now can I change to any employer or only to cap exempt employer.  Since I maintained legal  status and went through lottery( petition denied though) , Did not I counted in 2014 quota? 

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I was on J visa  . employer x applied for H1b in April 2014 cap . Lottery picked but petition denied . Cap exempt Employer Y  filed for my  H1b in September 2014 and got approved for 3 years. Now can I change to any employer or only to cap exempt employer.  Since I maintained legal  status and went through lottery( petition denied though) , Did not I counted in 2014 quota? 

 

You can only change to a cap-exempt employer.

The petition in 2014 was not approved, so you have not been counted for the quota.

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hi,

 

I got my CAP H1 in 2005 and stayed in US for 1.5 years and went back. After that I have been to US on L1 visa for a total of 3 years.

 

Am I eligible for CAP exempt H1?

If yes, I will get 4.5 years or 1.5 years (6 years minus H1 and L1 stays)

 

Thanks in advance.

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