H1B Visa with Cap Exemption


syellanki

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Hi,

 

I had an H1B visa which was issued in Mar 2007, as part of the 2006 yearly cap. The petition was approved on 21 Jul 2006 and it was valid from 01 Oct 2006 to 30 Sep 2009. I got the visa stamping on 01 Mar 2007 and I travelled to US on 11 Mar 2007 and worked in US until 03 Feb 2008.

 

I am now planning to go to US. I have found an employer who can file my H1B petition only if I am cap exempt. Based on the dates given above, am I eligible for cap exemption? I understand from the earlier posts that I should have been in H1B visa status in the last 6 years to be eligible for cap exemption. 

 

My question is when the 6 years counting start from. Is it:

- the petition approval date (21 Jul 2006) or 

- the petition valid start date (01 Oct 2006) or 

- the visa stamp - 01 Mar 2007 or 

- the arrival date - 11 Mar 2007 or 

- the last day I was on H1B status - 03 Feb 2008 or 

- the petition expiry date - 30 Sep 2009

 

Please note that after leaving US on 03 Feb 2008, I travelled to US multiple times - 2 times on B1 visa and 3 times on L1B visa. The last trip was on L1B from 27 Mar 2011 to 14 Aug 2011. Also, my B1 visa is still valid.

 

Based on this information, could you please confirm if I am cap exempt and if so, until what date. Thanks a lot for your help.

 

Thanks,

Sri

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