Will My new H1 be cap exempt

[manojjayam]

Hello Gurus,

I have a question which has been picking troubling me from the last couple of days and would request some help in this regard.

My case :

I have an MS degree from an US university worked there on OPT and then CPT, Had H1 approved but had to come back to India and started working here, A Company is US later approached me and process me new H1 in 2010 which ended up in 221(g) yellow bin and was later sent back to USCIS. The Employer did not pursue it any further, Meanwhile the company that I work for in India process my L1 B in 2011 which was again rejected. this is year my company wants to process my H1 but since this years quota has expired they are differing that to next year.

One of my friends mentioned that since my H1 was already processed and since I never used my six years for H1 I am cap exempt for the next years and that I can file my H1 anytime even though my H1 was rejected earlier, is this true?

Thanks All

[ImmiSpecialist]

Manoj...

Ask you employer to close the H1 case which is applied on 2012. Until to close that case you cannot get any visas to go USA.

Thats the reason your LI visa is rejected. try to close above case ASAP and then you can go with genuine employer with perfect documents in petition.

ATB..!!!

[manojjayam]

But I have seen people with H1 also getting L1 stamped .... Please clarify.

Thanks.

[orangeworks]

Did u work on OPT first and then CPT ?

[manojjayam]

Yes .... my H1 petition did not go through as I was not lucky enough to hot H1 lottery at that time,

But comming back to my question "Am I cap exempt?"

Thanks

[manojjayam]

Keeping this post alive.

[chtummala]

u are cap exempt ..

[pontevecchio]

One of my friends mentioned that since my H1 was already processed and since I never used my six years for H1 I am cap exempt for the next years and that I can file my H1 anytime even though my H1 was rejected earlier, is this true?

Yes if the facts are correct. Maybe have the firm of Murthy go through your specifics? Unfortunately you cannot file a H1 petition. The company needs to do so.