Ritkaw2014 Posted December 1, 2014 Report Share Posted December 1, 2014 H, currently i I am in India from let 1.5 years. My last h1 transfer was denied and I was out of status hence I returned back to india. Can I do h1b filing under reminder option? Do I need to go for stamping as well? Here are other details initial h1 filed by company A in nov-2010 and I started working from dec-2010. transferd my h1 from company A to company B in October-2011, A did not revoked my H1 which was valid till October-2013. transfered my h1 from company B to company C in Mar-2013, B revoked h1, and transfer to C got denied. I returned back to India Apr-2013. i still have 2 years left on my initil h1. So can I file cap exempt h1? I have b1 currently and my probable employer insisting me to come on b1 and then he will file my h1 please suggest how should I go ahead? thanks in advance Ritesh Link to comment
jairichi Posted December 2, 2014 Report Share Posted December 2, 2014 You are cap exempt till you reach the max allowed stay of 6 years on H1B. Look for employer that will file a cap exempt H1B petition and on approval you can travel to US with a valid H1B visa and I797. You are allowed to attend meetings or interviews on B1 and not work. Link to comment
Ritkaw2014 Posted December 7, 2014 Author Report Share Posted December 7, 2014 I talked to at least 3 employers, they all are suggesting me travel on B1 and then only they can file my cap exempt H1b. I am insisting on filing right away while I am in India which they at not willing to do. I just noticed "cancelled without prejudice?" on my initial H1B visa. What does that mean? Will it be an issue for my new cqp exmpt H1B transfer? Link to comment
jairichi Posted December 8, 2014 Report Share Posted December 8, 2014 I talked to at least 3 employers, they all are suggesting me travel on B1 and then only they can file my cap exempt H1b. I am insisting on filing right away while I am in India which they at not willing to do. I just noticed "cancelled without prejudice?" on my initial H1B visa. What does that mean? Will it be an issue for my new cqp exmpt H1B transfer? If you keep looking you will find employers that follow immigration laws. "Cancelled without prejudice" is normal and it will have no effect on your cap exempt H1B petition. Link to comment
Ritkaw2014 Posted December 8, 2014 Author Report Share Posted December 8, 2014 Thanks. Jairichi, for your guiidance. I will keep searching for authentic employer and won't do anything which is illegal or not expected by laws Link to comment
Ritkaw2014 Posted February 15, 2015 Author Report Share Posted February 15, 2015 Hi. jairichi, My current employer is planning to take my h1b this year. But they are doing cap subjecf h1b. I am still convencing them for filing my cap exempt h1b, but they say that company's attorney verified my case and cap exempt is not possible. Are there any change of rules for using "remind opion"? Link to comment
jairichi Posted February 16, 2015 Report Share Posted February 16, 2015 Hi. jairichi, My current employer is planning to take my h1b this year. But they are doing cap subjecf h1b. I am still convencing them for filing my cap exempt h1b, but they say that company's attorney verified my case and cap exempt is not possible. Are there any change of rules for using "remind opion"? Let them file a cap subject H1B petition and if you are selected you are eligible for 6 years. If not selected in lottery then you can take the cap exempt route. About cap exempt route talk to an attorney from Murthy law firm and share that information with your employer. Probably your current employer's attorney is not that knowledgable. Link to comment
Ritkaw2014 Posted April 9, 2015 Author Report Share Posted April 9, 2015 Let them file a cap subject H1B petition and if you are selected you are eligible for 6 years. If not selected in lottery then you can take the cap exempt route. About cap exempt route talk to an attorney from Murthy law firm and share that information with your employer. Probably your current employer's attorney is not that knowledgable. Hi Jairichi, As per latest news from USCIS about 2016 cap, http://www.uscis.gov/news/news-releases/uscis-reaches-fy-2016-h-1b-cap it says " Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2016 H-1B cap, the agency said " My employer filed cap subject petition. Looking at above para, will my case exempted from the cap this time? Or I will have to go through lottery? I wanted to know what exactly is "cap number"? is it petition number? Link to comment
Ritkaw2014 Posted June 25, 2015 Author Report Share Posted June 25, 2015 Hi, Yesterday I received good news about approval of my h1b petition. I just got email from our emigration team. I was in the impression that I was not in the lottery but I was wrong. I am very much excited to know about my spouse's prospects about getting her EAD. I am currently in India. I worked for 2.5 years from dec-2010 till may-2013 on my previous h1b Can you please guide? Link to comment
jairichi Posted June 25, 2015 Report Share Posted June 25, 2015 Hi, Yesterday I received good news about approval of my h1b petition. I just got email from our emigration team. I was in the impression that I was not in the lottery but I was wrong. I am very much excited to know about my spouse's prospects about getting her EAD. I am currently in India. I worked for 2.5 years from dec-2010 till may-2013 on my previous h1b Can you please guide? Congrats. For your spouse to work on H4 EAD you need to have an approved I-140 or H1B extension beyond 6 years based on PERM or I-140 pending for more than a year. Link to comment
Ritkaw2014 Posted June 25, 2015 Author Report Share Posted June 25, 2015 Thank for quick reply Just read this http://www.murthy.com/2011/10/17/how-long-will-it-take-to-get-a-green-card/ Looks like at least 1 years time for my I-140 and then only my spouse is elibible, right? Can I start my PERM process immediately after I enter US? Link to comment
Ritkaw2014 Posted June 25, 2015 Author Report Share Posted June 25, 2015 Thank for quick reply Just read this http://www.murthy.com/2011/10/17/how-long-will-it-take-to-get-a-green-card/ Looks like at least 1 years time for my I-140 and then only my spouse is elibible, right? Can I start my PERM process immediately after I enter US? Link to comment
jairichi Posted June 25, 2015 Report Share Posted June 25, 2015 Thank for quick reply Just read this http://www.murthy.com/2011/10/17/how-long-will-it-take-to-get-a-green-card/ Looks like at least 1 years time for my I-140 and then only my spouse is elibible, right? Can I start my PERM process immediately after I enter US? After approval of I-140 your spouse on H4 is eligible to apply for EAD. Employer can start PERM even now. Link to comment
Ritkaw2014 Posted June 27, 2015 Author Report Share Posted June 27, 2015 Thanks for the important information.I will now start workings on my PERM. Link to comment
Ritkaw2014 Posted December 23, 2015 Author Report Share Posted December 23, 2015 Let them file a cap subject H1B petition and if you are selected you are eligible for 6 years. If not selected in lottery then you can take the cap exempt route. About cap exempt route talk to an attorney from Murthy law firm and share that information with your employer. Probably your current employer's attorney is not that knowledgable. Hi jairichi, Today I received my H1B kit only to know that it was cap-exempt petition and not cap subject. Does it mean that I won't get full 6 years on this petition? Prior I worked for 2 years 4 months in US so now I can work only for 3 years 6 months? Link to comment
jairichi Posted December 23, 2015 Report Share Posted December 23, 2015 Hi jairichi, Today I received my H1B kit only to know that it was cap-exempt petition and not cap subject. Does it mean that I won't get full 6 years on this petition? Prior I worked for 2 years 4 months in US so now I can work only for 3 years 6 months? In that case you are eligible for 3 years and 8 months. Link to comment
Ritkaw2014 Posted December 24, 2015 Author Report Share Posted December 24, 2015 If it is cap exempt then there is no start date for entering and working in US right? But the physical I-129 which I received has dates like Valid from 10/01/2015 to 08/31/2018. How to confirm if the visa filing is cap-subject or cap-exempt? Link to comment
jairichi Posted December 24, 2015 Report Share Posted December 24, 2015 If it is cap exempt then there is no start date for entering and working in US right? But the physical I-129 which I received has dates like Valid from 10/01/2015 to 08/31/2018. How to confirm if the visa filing is cap-subject or cap-exempt? Whether cap subject or cap exempt you will have a start date. You need to check with your attorney or have a look at I129 form. Link to comment
jairichi Posted December 24, 2015 Report Share Posted December 24, 2015 If it is cap exempt then there is no start date for entering and working in US right? But the physical I-129 which I received has dates like Valid from 10/01/2015 to 08/31/2018. How to confirm if the visa filing is cap-subject or cap-exempt? From what you have mentioned I believe it is a cap subject H1B petition. Check with attorney who filed your petition. Link to comment
Ritkaw2014 Posted December 28, 2015 Author Report Share Posted December 28, 2015 From what you have mentioned I believe it is a cap subject H1B petition. Check with attorney who filed your petition. Yes, I confirmed with my immigration team, they said it is cap-exempt! My question was how come a cap-exempt petition can have a start date of 1st Oct? My petition (cap exempt) got approved on June 11. If it is cap exempt then start date should have been somewhere in July month. Is it because all those who are going for stamping will always have 1st Oct as start date (whether cap-subject or cap-exempt) ? Link to comment
jairichi Posted December 28, 2015 Report Share Posted December 28, 2015 Yes, I confirmed with my immigration team, they said it is cap-exempt! My question was how come a cap-exempt petition can have a start date of 1st Oct? My petition (cap exempt) got approved on June 11. If it is cap exempt then start date should have been somewhere in July month. Is it because all those who are going for stamping will always have 1st Oct as start date (whether cap-subject or cap-exempt) ? No, it is not that. Employer can request a start date for cap subject or cap exempt H1B petition. For cap subject it cannot be earlier than Oct 1st. For, cap exempt it can be anytime based on employer's requirements. Link to comment
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