raghukr Posted August 15, 2013 Report Share Posted August 15, 2013 One of the companies in USA has applied for my H1B in april 2008 and I have got the approval for I-797B petition in july-2008.I have not been to H1B Stamping till today. My Approved I797B Petition has validity as below VALID FROM 10/01/2008 to 09/09/2011. If new employer files a New H1 for me now (I.e, September 2013), then 1. Does the new H1B application is considered as CAP Exempt ? I was cap subjected already in 2008 so I should NOT be cap subjected for 6 years (I.e, till 09/09/2014) ? 2. As I have never used the approved H1B and Not worked on it till now in USA, do I still have the eligibility of 6 Years starting from Now to work, if my employer files for H1 now (which is cap exempt)? Or will my new H1b expires in 09/09/2014? Link to comment
jairichi Posted August 15, 2013 Report Share Posted August 15, 2013 (1) Yes, you are not subject to cap. (2) You get all 6 years. Link to comment
sudhamsu Posted August 17, 2013 Report Share Posted August 17, 2013 Thanks a lot jairichi for the answer. I have a small variation of the above question. I got my H1B in 2008 and it was stamped in August 2008. But, I never came to the US and worked on it. 1) Will I be cap exempt? 2) Do I still get 6 years? If there is a USCIS document that you refer please provide a link. I will try to answer other's questions in future regarding this. I searched quite a bit regarding this but never found appropriate answer to my question. I always found information regarding how folks working for non-profit are cap exempt. thanks a lot for your time. Link to comment
jairichi Posted August 18, 2013 Report Share Posted August 18, 2013 As your H1B visa was counted against cap in 2008 you are cap exempt. If your I797 document validity has expired a cap exempt H1B petition can be filed by your current employer or any other employer and upon approval you could travel to US with a valid H1B visa. http://forum.murthy.com/index.php?/topic/60458-expired-h1b-2006-09-never-used-eligible-for-cap-exemption/ Link to comment
jairichi Posted August 18, 2013 Report Share Posted August 18, 2013 Thanks a lot jairichi for the answer. I have a small variation of the above question. I got my H1B in 2008 and it was stamped in August 2008. But, I never came to the US and worked on it. 1) Will I be cap exempt? 2) Do I still get 6 years? If there is a USCIS document that you refer please provide a link. I will try to answer other's questions in future regarding this. I searched quite a bit regarding this but never found appropriate answer to my question. I always found information regarding how folks working for non-profit are cap exempt. thanks a lot for your time. Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection ©, toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once. Link to comment
PP-I129 Posted February 4, 2015 Report Share Posted February 4, 2015 Hi, I had approved H1B petition in 2008, Petition validatity 10/20/2008 to 09/30/2011 from XYZ employer, I went for stamping and got 221(g) asking for Client letters, Tax slips, etc from employer, My employer never provided that and my case may have got closed. Question: 1-Now another employer ABC is ready to file my H1B this year but not sure whether to file under Cap or Cap Exempt. 2-Can this prior approval still be valid since 6 years has already been passed? 3-Can i still use this appoved H1B petition of past (without stamping) to get cap exempt this year for new employer Thank you, Link to comment
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