H1B CAP exempt ??

[ravi55055]

Hi,

 

I went on a F1 Visa and did my masters in USA from 2005-2006 and after the one year OPT got a H1B from 2007 TO 2010 from employer A.

 

I was in USA till Nov 2008(i.e for apprx 1.1 Yrs in H1B) and came back to INDIA and started working here. My H1B expired on OCT 31 2010.

 

I am planning to go to USA with a different employer B. Can my new petition be applied in the CAP exempt and if it can be filed this way, any idea as to what would be the fees. Is there a difference in charges between the petitions filed for CAP and Non CAP.

 

Thanks,

Ravi

[jairichi]

Hi,

 

I went on a F1 Visa and did my masters in USA from 2005-2006 and after the one year OPT got a H1B from 2007 TO 2010 from employer A.

 

I was in USA till Nov 2008(i.e for apprx 1.1 Yrs in H1B) and came back to INDIA and started working here. My H1B expired on OCT 31 2010.

 

I am planning to go to USA with a different employer B. Can my new petition be applied in the CAP exempt and if it can be filed this way, any idea as to what would be the fees. Is there a difference in charges between the petitions filed for CAP and Non CAP.

 

Thanks,

Ravi

Yes, you are cap exempt. Fees are the same and it is irrelevant to you as it has to be paid by employer.

[JoeF]

You have a choice, you can either get a cap-exempt H1 for the remainder time, or an employer can file a new H1 under the quota so you would get the full 6 years.

As for the fees, that's none of your concern. The employer has to pay for the H1.

Stay away from any company that wants money for an H1. They are all shady.

[ravi55055]

Thanks Jairichi and JoeF

[ravi55055]

For a cap-exempt H1,should it be applied at the same time as the regular H1 i.e on Apr 1st or can it be applied at any time of the year since it is not counted towards the CAP.