H1B Expired . Can be CAP-exempt?

Tvprabhakar

By Tvprabhakar,
in H1B : Portability Issues

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Tvprabhakar Newbie

Tvprabhakar

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Company A Petition :   10/1/2006  to  09/30/2009

Company B Petition :  11/19/2007   to  09/17/2010

 

Dates in USA:

Traveled with Company A petition :  May 1st 2007 to Nov 7 2007

Traveled with Company B Petition :  Feb 6th 2008 to March 12th 2008

 

 

Could Company C  will be able to apply Premium CAP-Exempt in this case  or Should wait for April 2014 Quota?

 

 

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jairichi Advanced Member

jairichi

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Posted

 

Company A Petition :   10/1/2006  to  09/30/2009
Company B Petition :  11/19/2007   to  09/17/2010
 
Dates in USA:
Traveled with Company A petition :  May 1st 2007 to Nov 7 2007
Traveled with Company B Petition :  Feb 6th 2008 to March 12th 2008
 
 
Could Company C  will be able to apply Premium CAP-Exempt in this case  or Should wait for April 2014 Quota?

 

Yes, you are cap exempt

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  • 2 weeks later...
jairichi Advanced Member

jairichi

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Since the initial petition was counted against the quota more than 6 years back I heard there is a possibility of rejection. I have heard from other people that these kind of cases might not be eligible if they are more than 6 yrs old but I heard sometimes they get through and sometimes they get rejected. Can someone correct me if I am wrong?

Rejection was based on old rule. New rule has allowed a cap exempt H1B petition filing even if initial cap subject H1B petition was filed more than 6 years ago.

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