H1B cap exempt - reclaim unused H1B period

[gmmadnani@gmail.com]

I had received an approval for H1B visa in Oct 2005. The H1B was approved for the period of Jan 31, 2006 to 2009. I worked on H1B visa from Jan 2006 to Nov 2006 and then later moved to India.

 

Please let me know if

1. I can file for H1B under the cap-exempt category to reclaim my unused H1B period or

2. I will have to file for a fresh H1B and be counted against the 2014 cap.

[jairichi]

 

I had received an approval for H1B visa in Oct 2005. The H1B was approved for the period of Jan 31, 2006 to 2009. I worked on H1B visa from Jan 2006 to Nov 2006 and then later moved to India.

 

Please let me know if

1. I can file for H1B under the cap-exempt category to reclaim my unused H1B period or

2. I will have to file for a fresh H1B and be counted against the 2014 cap.

 

You are cap exempt. But, an employer can also file a cap subject H1B petition this April.

[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.

[gmmadnani@gmail.com]

Hi jairichi...thanks for your response.

 

Just wanted to confirm if I would be cap exempt...I was going through the rules and as I understand, it states that the unclaimed H1B period can be used only if you have been counted in the cap in the previous 6 years. I have not been counted in the cap in the previous 6 years as my H1B was approved in 2005. 

 

Please let me know if I would still be eligible for cap exempt.

[gmmadnani@gmail.com]

Also, forgot to mention...I am currently on H4 now. Please advice if I would still be eligible for cap-exempt

[jairichi]

Hi jairichi...thanks for your response.

 

Just wanted to confirm if I would be cap exempt...I was going through the rules and as I understand, it states that the unclaimed H1B period can be used only if you have been counted in the cap in the previous 6 years. I have not been counted in the cap in the previous 6 years as my H1B was approved in 2005. 

 

Please let me know if I would still be eligible for cap exempt.

That is old interpretation. As long as you are counted against cap once and have not utilized full 6 years on H1B you are cap exempt. If you still have doubts talk to a good attorney.

 

Also, forgot to mention...I am currently on H4 now. Please advice if I would still be eligible for cap-exempt

Yes, employer files a cap exempt h1B petition along with COS from H4 to H1B.

[gmmadnani@gmail.com]

Thank you so much for your help jairichi!

[vishalkankatala]

Hello,

 

I'm in a slightly different boat. 

I was approved an H1b with a Company-A and I had to quit the company due to some issues after a month and return to India. This was in October of 2010.

 

Latter another US company-B filed a new H1b for me(we did not reclaim the unused H1b from the previous approval... I wasnt aware of the rule then. This is a new H1b and I had to go through lottery again :) )

I'm working with this company since 5 years and now I have to leave the country for more than a year due to some personal reasons.

 

This is my question: If i decide to reenter the country after a year, can a US company file an H1b for me by reclaiming any of my previously approved H1-bs from company-A or Company-B?

[jairichi]

Hello,

 

I'm in a slightly different boat. 

I was approved an H1b with a Company-A and I had to quit the company due to some issues after a month and return to India. This was in October of 2010.

 

Latter another US company-B filed a new H1b for me(we did not reclaim the unused H1b from the previous approval... I wasnt aware of the rule then. This is a new H1b and I had to go through lottery again :) )

I'm working with this company since 5 years and now I have to leave the country for more than a year due to some personal reasons.

 

This is my question: If i decide to reenter the country after a year, can a US company file an H1b for me by reclaiming any of my previously approved H1-bs from company-A or Company-B?

Does not work like that. If you enter with a cap exempt H1B petition after you stayed outside US for a year you are eligible for 1 year. If a cap subject H1B petition was filed after you stayed outside US for a year and get it approved you get fresh 6 years.

[diwakark]

Hello There,

 

Need urgent help.

 

My H1 was stamped in Oct 2004 for three years. I came to US in Dec 2004 and went back to India in July 2006 - so total 19 months. 

 

After that, I have been in US a couple of times, on L1 Visa, total duration 3 years. 

 

Currently I am in US.

 

Am I eligible for CAP Exempt H1?

 

If yes, what is the success rate of these petitions? How many months I can claim?

 

Or else, I should play safe and apply for fresh H1 under CAP and enter the lottery process?

 

Thanks for your help!!!!