Cap exempt?

[nandac]

Friend of mine worked in USA on a H1B from 1998 to 1999.

 

Then came back to India.

 

Then again he had a H1B processed - valid between 2006 and 2009. Got it stamped on the passport. But did not use the visa and go to USA.

 

Is he cap exempt now?

 

Appreciate the feedback.

[jairichi]

Yes, he is cap exempt.

[Mahesh2012]

Hi Mr.Jairichi

 

With respect to the situation mentioned in the above post , you have mentioned that the person is cap exempt .

 

Can the filing for H1   be done even in October of this year ?

 

The complete background of the case is  as follows :

 

The person( a friend)  worked in USA on H1b from 1998 to 1999. He then came back to India.

Later, he had a H1b processed ; it was valid from Oct 2006 to Sep 2009. He got it stamped on the passport. But did not use the visa to travel to USA. He did not travel to USA since then.

 

You have mentioned in the above post that he is cap exempt now. So he is working on getting the filing done. It looks like it can be done only in mid-October or End-October of this year.  Can he still do it ?

 

Or is there any deadline before which he should do it?

 

 

thanks in advance

[jairichi]

Hi Mr.Jairichi

 

With respect to the situation mentioned in the above post , you have mentioned that the person is cap exempt .

 

Can the filing for H1   be done even in October of this year ?

 

The complete background of the case is  as follows :

 

The person( a friend)  worked in USA on H1b from 1998 to 1999. He then came back to India.

Later, he had a H1b processed ; it was valid from Oct 2006 to Sep 2009. He got it stamped on the passport. But did not use the visa to travel to USA. He did not travel to USA since then.

 

You have mentioned in the above post that he is cap exempt now. So he is working on getting the filing done. It looks like it can be done only in mid-October or End-October of this year.  Can he still do it ?

 

Or is there any deadline before which he should do it?

 

 

thanks in advance

As long as your friend has not reached the maximum allowed stay of 6 years on H1B she is cap exempt. It can be filed anytime of the year. Talk to an attorney from Murthy law firm.