Can we apply for H1B under cap exempt Quota ?

[chinmaydutta]

Hi ,

One of my friends got his H1B through a consultancy. He worked here in US for 8 months. He was unpaid for initial two months.He went to India for stamping and was issued a 221g slip and subsequently a denial notice. Can he apply for a cap exempt H1b petition using this approval through another employer? What will be chance of getting stamped in this case ?

[jairichi]

Hi ,

One of my friends got his H1B through a consultancy. He worked here in US for 8 months. He was unpaid for initial two months.He went to India for stamping and was issued a 221g slip and subsequently a denial notice. Can he apply for a cap exempt H1b petition using this approval through another employer? What will be chance of getting stamped in this case ?

Yes, he is cap exempt and a new employer can file a cap exempt H1B petition. Ask him to find a real employer whole follows all immigration laws.

Also, ask him to file a complaint against his previous employer with DOL for not paying his salary. DOL will make sure that he gets his salary dues.

[fero45]

• my H1B term - Oct'2007 to Sep'2013

• never stamped (never crossed border)

moved out of US in Mar'2012(due to H1B transfer reject)

planning to apply for H1B from India now, will i come under cap exempt (as I still have unused period of 18 months of H1B)

Its been close to 2 years am out of US.

[jairichi]

 

• my H1B term - Oct'2007 to Sep'2013
• never stamped (never crossed border)
• moved out of US in Mar'2012(due to H1B transfer reject)
• planning to apply for H1B from India now, will i come under cap exempt (as I still have unused period of 18 months of H1B)
• Its been close to 2 years am out of US.

 

You are cap exempt and you would get the remaining 18 months if cap exempt H1B petition is approved.

If employer files a cap subject H1B petition in April 2014 you would get 6 years on approval.