Need Help!

[akshay7]

Hello All! I have one question.

I came to US in August 2005 for Masters degree from University of Texas at Arlington. I got MS degree in August 2007 and started OPT from 23 September 2007.

On OPT I was working for a company in Dallas which told me that they will process my H-1B.

Due to recession in 2008, the company laid off employees and me too. I got laid off in January 2008.

I was left with only 2 months to search for a employer who could file my H-1B. I was unsuccessful.

To remain in US, I approached desi consultant and they filed my H-1B. I received a RFE but later, on 13 August 2008, USCIS approved my petition for non-immigrant worker.

I started working for consultant for their in-house project from October 2008 but due to death of my father, I came to India in March 2009, lived here for about three months and went to USA on 18 June 2009. I got my H-1B stamped in my passport during this three month duration.

There were no projects available at that time so I came to India on 5 August 2009.

Since then I am working in India.

On USCIS website, when I enter my receipt number, they show that my petition has been approved.

They don't show like my H-1 B is revoked or not.

Questions 1: If I enrolled for PhD and after completing PhD, if I find employer willing to file for my H-1B, then I will be cap exempt or not? I was having approved H-1B.

What documents do I need to show to prove that I was holding H-1B earlier?

All your help and guidance are really appreciated.

Regards.

[SameerH1Bworker]

Yes, you'll be cap exempt as you're counted once.

[akshay7]

Thanks SameerH1BWorker for your reply.

But what documents do I need to show that I was holding H-1B earlier.

Regards.