Murthy Forum Stats; Cap-Exemtion Question

[raka_stanford]

Here are some statistics about Views and Replies for posts in Murthy Forums.

# General Forum

# mean views; mean replies

# 130.1909; 2.451515

#

# Linear Model

# (Intercept) replies/views

# 0.06185 0.01836

#

# Avg. no. of views to get one reply = 54

# Portability Forum

# mean views; mean replies

# 222.1636; 1.681818

#

# Linear Model

# (Intercept) views

# -0.77223 0.01105

#

# Avg no. of views to get one reply = 90

# So it makes a lot of sense to post in the general section in general. So here goes my post.

Hi,

My case:

- I did my First MS in 2006. Applied for OPT. Did not use it. Went back to India.

- In 2008, a company applied for my H1B. It got approved.

- But the company went bust. They shut down. I never used the H1B.

- I can not contact them to get the EHC# or receipt for visa.

Now

- I am doing my Second MS on an F1 visa.

- I will be done in December, and can find a good job relatively easily.

Questions.

--------------

1) I did not use my OPT (I applied and got the card). Can I re-apply?

2) If OPT is not possible, can I apply for H1 now, without the cap, because I was approved once?

3) Will I need my old EHC#? If so, Is there a way to find out the receipt number from 2008 via USCIS (I can not contact anyone in the company) ?

I deeply appreciate your time and advice. Though views are good, what are even better is a reply.

Thanks

Rak.A.

[Attorney_6]

Generally, an individual is permitted only one OPT per level of education. Thus, if an OPT is granted after a Master's degree, the individual will NOT be eligible for another OPT period. This applies even if the first OPT is not used or not used in full.

The cap issues are a bit more complex. Generally, individuals are counted toward the cap only once, unless they become eligible for an additional six year period. There are regulations that discuss return of cap numbers for, essentially, non-use of the H1 and lack of a visa application. However, in practice we find that it is generally sufficient for a non-cap subject filing if the an H1 petition was previously approved for the individual.