My H1 expired in 2002, can I apply as a cap exempt?

[gkvalley]

Dear Attorneys,

The following is the list of Visas and travel dates in my passport.

 

1. H1B  Validity - 13 May 1999 - 01 April 2002 - (resided in US from 5th Mar 2000 - 01 Sep 2001) (Cancelled without Prejudice)

2. B1 Validity    - 1 Dec 2003   - 30 Nov 2004  - (Was in US from 5th Dec 2003 - 17 Feb 2004) (Cancelled without Prejudice)

3. L1 Validity    - 16 Jul 2004   - 14 Jul 2005   - (Did not travel) (Cancelled without Prejudice)

4. B1 Validity    - 02 Dec 2006 - 29 Nov 2016  - (10th Dec 2006 - 19 Dec 2006)

 

Can I apply as cap exempt? 6 months ago, an attorney from murthy firm had told it was possible.. Can you please help. 

 

Thank you

[omshiv]

If a Murthy Attorney said its fine..then why you coming here and asking?

[junkylov]

I think cap exempt is based on your employer's status (not for profit status) or your qualification (post grad from US university) than how many visa stamps you had on your passport. 

[junkylov]

edit in my above post:

if you are post grad from US univ.. it is NOT cap exempt. In that case you'll have another 20K visa available. So, cap exempt is in possible in case employer has "not for profit" status.

[gkvalley]

Dear Om: I have already applied through cap exempt and I received an RFE.. questioning my eligibility for cap exemption.. I have been running around so many places to get the clarification.. I went through the Aytes memo and still very confused how to respond to the RFE.. Any help will be much appreciated in this matter.. 

 

Thanks

[omshiv]

Dear Om: I have already applied through cap exempt and I received an RFE.. questioning my eligibility for cap exemption.. I have been running around so many places to get the clarification.. I went through the Aytes memo and still very confused how to respond to the RFE.. Any help will be much appreciated in this matter.. 

 

Thanks

 

There has been confusion on this forum about the Cap Exempt..as I mentioned on some other topics, based on what I read, and based on your background you are not Cap Exempt..H1B should have been approved within the last 5 yrs in order to be able to file Cap Exempt.