mayanks20 Posted March 2, 2013 Report Posted March 2, 2013 Hi all, Good to be back on Murthy.com after a year. I have a question for you all. My h1b got expired in Sep 2012 and my present company is applying for an H1b visa this year under cap exempt category...So should i go ahead with this or ask them to apply under CAP as i also have Masters degree from the US. Here is a short history: Validity of the visa: 1st October 2009 to 30th September 2012 Previous status in US: F1 (Student) Visa Entry (India): 26th October 2010 Total Duration used on H1b: 1st October 2009 to 26th October 2010 (1 year) What will be my best bet?To go with CAP exempt or in CAP limit so that H1b 6 years clock is reset. As i have used only one year of H1b out of 3. If i go for cap exempt will i get a visa for only 2 years? as i have used one year previously. Please guide..Help appreciated. Thanks
t75 Posted March 2, 2013 Report Posted March 2, 2013 When do they want you to report for work. Under new quota, you cannot begin work until Oct 1 at the earliest.
mayanks20 Posted March 3, 2013 Author Report Posted March 3, 2013 Work can be started sooner may be Jun-July period. But what are the chances of getting a visa for less number of years as i have already used one year on H1b.
mayanks20 Posted March 3, 2013 Author Report Posted March 3, 2013 I have one more question to ask... I have been out of the US for more than one year now.. and used only one year of my H1b while i was in US... Still i am elligible for Cap exempt? Thank you
john81 Posted March 4, 2013 Report Posted March 4, 2013 Since you have used only one year , you still have 5 yrs left (out of a total of 6). So you would get a fresh 3 yrs this time. USCIS would calculate and give you 3 since technically you have 5 yrs left ,but you can stay only 5 yrs on this . If you go through the cap you would get 6 , its upto you to decide and tell your employer but cap-exempt allows you to work as soon as approval , but cap you will have to wait till October.
JoeF Posted March 5, 2013 Report Posted March 5, 2013 I have one more question to ask... I have been out of the US for more than one year now.. and used only one year of my H1b while i was in US... Still i am elligible for Cap exempt? If you have been outside the US for at least a year, you have 2 options: 1. not fall under the cap and get the remainder of the H1 time. You can start at any time. 2. fall under the cap and get a fresh 6 years. You can start on Oct. 1.
R1212 Posted March 17, 2013 Report Posted March 17, 2013 Hello JoeF, I guess you are expert in this case, I am in the same boat. Can you please reply to my post. Thank you. My question is : I had approved H1b for Oct 2010- Oct 2013 (Employer-A) when i was in USA (F1 to H1), during this period i visited India in Dec 2010 and get stuck due to H1B stamping-221g query. After submitting the requested documents to US Consulate, Now USCIS has made the decision to revoke my petition in March 2013. US Consulate and USCIS took 2 years to take this decision, they asked me to submit the documents several times during this period and Yes We did submit all the documents but Unfortunately, I get negative reply. So I am out of USA for more than 2 years. I have only used 3 months ( Oct 2010 to Dec 2010) period of my approved H1b which is going to revoke very soon. If i file new H1 with new Employer-B, Am i count in H1b Cap? My new employer has not filled LCA yet, and if i count in cap then we do not have enough time to file H1B on 1st April, 2013. If i count in cap exempt then atleast we have some time file LCA and H1b.. What you suggest? If i count in cap exempt then can my employer fill H1 any time? is there any deadlines? Please reply me, Its urgent. Thanks, R1212
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