H1B cap exemption

[Swati2013_t]

Hi,

 

I need help for understanding if I fall in Cap exempt category.

Employer A sponsored my H1 from 2005 to 2007 and extended the same from 2007 to  May 2009.

I was in US from 2006 till June 2009 for aprox 3 years on the above H1.

I left US when my H1 Transfer petition got denied due to insufficient documentation provided by new employer for RFE.

 

My Qs is:

1. Now in Feb 2014 can I use the above H1 petition and can get cap exempt H1 application filled via an Employer.

2. Is there any specific period in which the old H1 petition can be used.

3. Employer B sponsored me in 2006 and I had another H1B petition from 2006 to Sep 2009 but I never got this stamped or worked on this petition. Can I use this petition to get full 6 years stay in US in cap exempt category.

 

Really appreciate any help in the above.

Thanks

 

[jairichi]

Hi,

 

I need help for understanding if I fall in Cap exempt category.

Employer A sponsored my H1 from 2005 to 2007 and extended the same from 2007 to  May 2009.

I was in US from 2006 till June 2009 for aprox 3 years on the above H1.

I left US when my H1 Transfer petition got denied due to insufficient documentation provided by new employer for RFE.

 

My Qs is:

1. Now in Feb 2014 can I use the above H1 petition and can get cap exempt H1 application filled via an Employer.

2. Is there any specific period in which the old H1 petition can be used.

3. Employer B sponsored me in 2006 and I had another H1B petition from 2006 to Sep 2009 but I never got this stamped or worked on this petition. Can I use this petition to get full 6 years stay in US in cap exempt category.

 

Really appreciate any help in the above.

Thanks

Yes, a new employer can file a cap exempt H1B petition anytime and on approval you can enter US with a valid H1B visa and new I797 and start working. In this way you would get 6 years - time already spent on H1B status. If an employer files a cap subject H1B petition in April 2014 and if it gets approved you would get 6 years.

3. No, you will get remainder of 3 years.

[pontevecchio]

You are entitled to 3 years non cap based on being capped once. you cannot use any previous petition. You can have an employer file a H1 petition for you non cap with proof of being cap counted in the past. If you are getting a sponsor it makes more sense to file a cap subject H1 in April and start in October with a full quota of 6 years.

[Swati2013_t]

Thanks for all the information, really appreciate your help.

 

I think you would have already gone through this info but wanted to be double sure:

1) Employer A  H1B counted in Oct-2004 cap  - I worked in US for 3 years on this+extension petition.

2) Employer B  H1B counted in Oct-2006 cap  - I didnt work on this any time.

3) I am out of US from Jun 2009 onwards.

 

Do you think I will be able to utilize 2nd petition and get all 6 years to work in US?

 

I know this is a repetition of my question, but wanted to be sure about this.

 

Thank you.

[jairichi]

Thanks for all the information, really appreciate your help.

 

I think you would have already gone through this info but wanted to be double sure:

1) Employer A  H1B counted in Oct-2004 cap  - I worked in US for 3 years on this+extension petition.

2) Employer B  H1B counted in Oct-2006 cap  - I didnt work on this any time.

3) I am out of US from Jun 2009 onwards.

 

Do you think I will be able to utilize 2nd petition and get all 6 years to work in US?

 

I know this is a repetition of my question, but wanted to be sure about this.

 

Thank you.

Only if you have stayed 365 days outside US before your employer B had filed a cap subject petition in Oct 2006 you will get 6 years. It looks like you do not qualify.