Am I eligible for H1B CAP exempt?

[abdul.raheem]

My H1B extension is denied. As I was already out of i-94 my employer is asking to leave to India ASAP. Although my employer says they will evaluate the denial reason and try to appeal it, I am not really sure if they will do due to the numerous rejections in my company.  I would like to know Am I eligible for H1B CAP exempt? Also want to know if any other employer can file a H1B under the cap-exempt category for me. Please advice.

[Santhu239]

Hi Abdul,

Sorry for your condition . few months back i was also sailing same boat as you.

to answer your question need some more information.Is 6 years completed on your current H1? if completed if let us know if you have approved I140. In the first case if 6 years is not completed then you have to file a new petition under cap exempt from same employer or a different employer .it is suggestible to not go with the same employer through whom the extension was denied . if your 6 years is completed and have I140 approved then you have to travel to india immediately as you are out of status and file for a new petition under cap exempt. hope this answer helps.

Thaks,

Santhosh.

[abdul.raheem]

Hi Santhosh,

Thanks for your response. I had only been in usa for 3 years. I have returned to India now as my i94 was already over. My employer confirmed me that they will not appeal. But asked me to check with our visa & immigration team to apply a fresh petition.

1.Can this remaining 3 years be filed under cap exempt by my current employer at anytime of the year?

2.How about a new employer filing for a transfer under cap exempt for the remaining 3 years?

3. Is there any cooling period before we apply a new h1b once the extension is denied?

Appreciate your response!

Thanks 

Abdul