H1B - not subject to cap after one year outside US

[swethakc]

Hi,

I have gone through your forum and read lots of posts but still have few doubts regarding this.

 

I have come back from US in December 2011 after 4 months in the US and my visa got expired in May 2012.

 

I want to apply for a H1 now and would like to know if i am eligible for exempt from cap.

 

The question i have is related to the below clause as i have spent more than a year outside US

• The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US.

 

Regrads,

Swethak

 

 

 

[jairichi]

Hi,

I have gone through your forum and read lots of posts but still have few doubts regarding this.

 

I have come back from US in December 2011 after 4 months in the US and my visa got expired in May 2012.

 

I want to apply for a H1 now and would like to know if i am eligible for exempt from cap.

 

The question i have is related to the below clause as i have spent more than a year outside US

• The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US.

 

Regrads,

Swethak

A new employer can file a cap exempt petition and on approval you will get the remaining 5 years and 8 months and can start working immediately.

A new employer can also file a cap subject petition in April 2014 since you had stayed outside US for 1 year and upon approval you will get 6 years and can start working from Oct 1st 2014

[pontevecchio]

You are eligible.

[omshiv]

you are cap exempt..that means your employer can apply for your H1 anytime.

[swethakc]

Thank You all. I have got confirmation from my Employers immigration department that i am eligible.

I have also found the actual document from USCIS which describes this kind of a case which can be referred by anyone who has a similar issue.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-13593/0-0-0-13813.html

[Dogfish]

Hi Folks,

 

I got my H1 visa approved in 2008 but applied visa in 2010 and left for USA. I worked there till my expiry date (1.5 Years) and applied for extension and got approved for 3 more years.

 

But soon after extension, I came to India and stayed here due to personal reasons. In US, my employer cancelled my visa. 

 

So now, it is 2 years since I left US and in need of H1 visa.

 

So in this case, am I eligible for my previous CAP exemption or do I need to apply for new quota 2014?

 

Will my past effect my new visa application?

 

Regards,

LP

[JoeF]

As has been posted lots and lots of time here, if you had an H1, have been counted for the quota, and have not used the full 6 years, you can get a new H1 for the remainder time at any time, without going through the quota again.

[Dogfish]

Thanks Joe for the clarification. 

 

Also, could you tell me if my past employment history and W2 Forms are required to process with new employer on my counted quota? or Will it be all new approval?

[jairichi]

Thanks Joe for the clarification. 

 

Also, could you tell me if my past employment history and W2 Forms are required to process with new employer on my counted quota? or Will it be all new approval?

A copy of your previous I797 is what they need to file your cap exempt H1B petition.

[JoeF]

Thanks Joe for the clarification. 

 

Also, could you tell me if my past employment history and W2 Forms are required to process with new employer on my counted quota? or Will it be all new approval?

The only thing that's needed is the old H1 approval notice, or at least the number on the form, so that USCIS can locate the old H1.