H1B Cap Exemption or not?

[indian_1]

Hi,

I would like to get some help and better understanding of Cap Exempt and Non Cap.

I have completed my MS in 2005 and then spent a year on OPT. My first H1B was filed in 2006 under 20000 Quota and was approved until 2009. In 2009 my H1B renewal was denied and I had to exit out of the country. So to state it, I was on H1B for 3 yrs only. I haven't applied for H1B since then.

I have asked my employer to file for H1B for FY 2014 assuming that I will be cap subjected. However, My employer and his attorney seems to have a different opinion and have filed my petition under cap exemption on April 1st 2013. Petition appears to be accepted and it is in Initial review.

I'm really not sure if it is the right approach though to file in cap exemption? Or should it have been filed in quota?

[jairichi]

During your first H1B application you were counted against the cap. You have not utilized the full 6 years on a H1B visa. Therefore, you are not subject to cap when your new employer files an application for you.

[brajeshreddy]

Hi,

My question is also related to H1B CAP exemption that is the reason I am posting in the same thread instead of creating new thread.

My H1B was filed in 2008 under 65000 Quota and was approved till 2011.

Because of some personal reason I couldn't able to appear for the visa interview and that approval got lapsed in October 2011.

Now If I want to file H1B papers does it comes under the 65000 CAP or is it exempted.

Please provide me if there is any official link related to this.

Thanks & Regards

Rajesh

[indian_1]

Thanks for your reply

[0407]

Hi,

My question is also related to H1B CAP exemption that is the reason I am posting in the same thread instead of creating new thread.

My H1B was filed in 2008 under 65000 Quota and was approved till 2011.

Because of some personal reason I couldn't able to appear for the visa interview and that approval got lapsed in October 2011.

Now If I want to file H1B papers does it comes under the 65000 CAP or is it exempted.

Please provide me if there is any official link related to this.

Thanks & Regards

Rajesh

Yes. You are cap exempt

[NeverStop]

Hello Rajesh,

I think I am in the same boat. Below is the Summary of my case:

• Worked in US on L1B visas for 4.5 years between the period Dec 2005 to Dec 2010.
  
• Moved out of US in Dec 2010, and never returned back to US. Currently working in India.
  
• Have an approved H1B petition valid from 10/01/2008 to 09/26/2011. This petition was never used to work in US.
  

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

Many (including an attorney) have told me that I am eligible for Cap-exempt. I have a job offer from an US employer. The employer is going to file a cap-exempt H1B. Fingers crossed :).

Thanks,

[0407]

NeverStop,

There are many folks who ask the same question in this forum. I know two people who via

a never used approved H1B petition, transferred to a new employer. Just like your case. That

was 3 years ago. Could you please post your experience once you get approval.

[NeverStop]

Hello 0407,

Sure, I will keep posting my progress on this topic.

I request Rajesh Reddy also to update his case progress.

[0407]

All The Best to you NeverStop. Post us the news of successful H1B transfer ASAP.

[NeverStop]

Hello 0407,

I came to know from my Employer that they did not file the non-cap H1B. Instead, it was filed subjected to Cap. I was lucky to be picked up in the lottery, though. I was not sure why the previous H1B was not used to file non-cap one. My wild guess is that they don't want to take risk, if any.

I am sorry that I could not be of much help in giving you any info on utilizing the previous H1B petition.

Hi Rajesh,

Please update on this topic if you have something for us.

[0407]

Thanks for the update NeverStop. Good luck with your H1B.

Rajesh,

Please do update the thread when you get a chance