Am I eligible Cap-Exempt for H1B filing ?

[shi1234]

Hi All,

I have a query regarding my H1B status.I was issued H1B on 5th Dec 2007 and the expiration date was 30th Sep 2010.

I was been in US from 2008 till April 2010 during this period of time i was working with my employer, during recession time i was layed off and due to which i have to come back to India in April 2010.

In India i am working form May 2010 till now.

Now question is : Initially i had applied my H1B in CAP quota in 2007, now i am planning to apply NEW H1B in 2014.

Kindly guide me as i need to apply for new H1B again (or) is there any option to transfer my previous approved H1B petition to new employer, if so what are the required documents.

Attorney's, please let me know.

[pontevecchio]

You are entitled to 6 years minus time you spent here in H1 status as the remainder option and that would be not subject to the cap. You could have a sponsor file in 2014 with a start date after October,1 and subject to the cap giving you a new total of 6 years.

[0407]

You are exempt from cap. based on previous approved H1B you will get remainder of the

H1B period.

[Attorney_10]

Generally, an H1B beneficiary is only counted against the H1B cap once during his/her 6 years of H1B employment. If the H1B beneficiary has spent one full year abroad s/he has the option of either filing a new H1B petition to use the remaining time left from the original 6 years or to file a new cap subject H1B petition to become eligible for a new full 6 years of H1B time. Please schedule a consultation with an experienced immigration attorney to discuss the pros and cons of both options and to determine which option is best for you based on your facts.

[russie]

Hi all,

I am really stressed about my visa issue. Currently I am on my OPT stem extension. It will expire on 24th January 2014. My employee didn't wanted to sponsor me for my H1B this year. So I missed my H1b application deadline. So my question is

is there any possibility or chances that I will be able to apply for H1B next year April 1st 2014?

Will I be allow to stay in US even though my OPT has expired?

Or I will not be able to apply for H1B ?

Please reply me. I am very stressed .

Thanks

Russie

[shi1234]

Thank you Attorney

That means i have an option to transfer my previous H1B petition to new employer to use remaining time left from the original 6 years?

[Gurudeva]

Dear Attorney,

Mine is also a similar case - got the H1B in 2007, - was in US for 4 months in 2008. The visa expired in 2010.

Now, will I need to apply in H1 CAP as 6 years are not yet over?

Thanks

[pontevecchio]

Thank You shi1234. What part of my reply did you not understand?

[shi1234]

You are entitled to 6 years minus time you spent here in H1 status as the remainder option and that would be not subject to the cap. You could have a sponsor file in 2014 with a start date after October,1 and subject to the cap giving you a new total of 6 years.

As per my understand i can use approved H1 petition (H1B in CAP quota in 2007) and transfer to new employer to use remaining time left from the original 6 years rather going for NEW H1 petition 2014 with a start date after 1-October