L2EADGC Posted February 11, 2014 Report Share Posted February 11, 2014 Hello, My H1B has been approved as CAP Exempt . 1) Came to USA on L1A in July 2004. 2) Went back to India in May 2006. 3) Got H1B petition approved through a different employer in Septermber 2006, but this H1 was never used and I was never on H1B status. 4) Came back to US on L1 in November 2006 and stayed on L1B and L1A visa till May 2012. 5) Exhausted 7 years period on L1 status. 6) Stayed in India from May 2012 to August 2013. 7) Returned back to USA in August 2013 on H4 visa as a dependent to my spouse. 8) Filed for a cap-exempt H1B in January 2014 using my old H1B that was approved in 2006. 9) Got an RFE on Employee-Employer relationship , Dependent Status and Recapture dates. 10) For recapture dates they asked me to send my passport all pages and last years tax return documents. 11) RFE was responded on 31st Jan 2014, documents reached USCIS on 3rd Feb 2014. 12) H1B has been approved on 5th Feb 2014. From all this I feel as long as we have one approved H1B petition and no matter when it was filed , we are eligible for CAP Exempt. Note :- My H1B COS has been filed by a very good attorney. Thanks everyone on this forum for sharing useful information. Link to comment
manojjayam Posted February 12, 2014 Report Share Posted February 12, 2014 Was this premium. Link to comment
L2EADGC Posted February 12, 2014 Author Report Share Posted February 12, 2014 Yes, it was. The question is whether its premium or not, its more about if we can use a petition that was more than 6 years old as cap exempt and if we were on L1A during those 6 years can we still use the petition after staying out of the country for 365 days and i think we can. This is one grey area and i don't think anyone has a correct answer. Link to comment
NCuser Posted March 11, 2014 Report Share Posted March 11, 2014 Hi, I am also planning to recapture my unused H1B days but my H1B got expired in 2006. I still have 1.5 yrs remaining and wondering whether it is possible to do H1B cap excempt in my case. If possible can you please share your attorney's details. Thanks. Link to comment
pontevecchio Posted March 11, 2014 Report Share Posted March 11, 2014 Unless you had an I-140 approved at some point of time this would seem to be an error. Your feeling about the matter is wrong. Yes, they do make errors. Link to comment
NCuser Posted March 27, 2014 Report Share Posted March 27, 2014 Hi Pontevecchio, Do you mean they won't approve H1B recapture for the visa approved > 6 years ago ? Please clarify. I read the doc(http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/recaptureh1bl1102105.pdf) regarding recapture but found no mention of such rule there. Link to comment
jairichi Posted March 27, 2014 Report Share Posted March 27, 2014 Hi Pontevecchio, Do you mean they won't approve H1B recapture for the visa approved > 6 years ago ? Please clarify. I read the doc(http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/recaptureh1bl1102105.pdf) regarding recapture but found no mention of such rule there. They do allow. OP's situation is different. Link to comment
NCuser Posted March 28, 2014 Report Share Posted March 28, 2014 Hi L2EADGC, Thanks for posting such an encouraging news that people will be eligible for cap-exempt h1b even if they have older (> 6years) h1b approval as on date. Could you please share the attorney details whom through you filed your cap-exempt h1b. Please send it to my email *************@ gmail.com Thanks much! Link to comment
NCuser Posted March 28, 2014 Report Share Posted March 28, 2014 Hello, My H1B has been approved as CAP Exempt . 1) Came to USA on L1A in July 2004. 2) Went back to India in May 2006. 3) Got H1B petition approved through a different employer in Septermber 2006, but this H1 was never used and I was never on H1B status. 4) Came back to US on L1 in November 2006 and stayed on L1B and L1A visa till May 2012. 5) Exhausted 7 years period on L1 status. 6) Stayed in India from May 2012 to August 2013. 7) Returned back to USA in August 2013 on H4 visa as a dependent to my spouse. 8) Filed for a cap-exempt H1B in January 2014 using my old H1B that was approved in 2006. 9) Got an RFE on Employee-Employer relationship , Dependent Status and Recapture dates. 10) For recapture dates they asked me to send my passport all pages and last years tax return documents. 11) RFE was responded on 31st Jan 2014, documents reached USCIS on 3rd Feb 2014. 12) H1B has been approved on 5th Feb 2014. From all this I feel as long as we have one approved H1B petition and no matter when it was filed , we are eligible for CAP Exempt. Note :- My H1B COS has been filed by a very good attorney. Thanks everyone on this forum for sharing useful information. Hi, can you share the attorney details with me? please send the details to ************at gmail . com Link to comment
jairichi Posted March 28, 2014 Report Share Posted March 28, 2014 Go through this post by an attorney. http://forum.murthy.com/index.php?/topic/72359-h-1b-cap-exemption-issues/?hl=attorney_25#entry282812 Link to comment
Harilal Posted November 11, 2014 Report Share Posted November 11, 2014 Dear L2EADGC, Good Day!! Thanks for sharing details on CAP exempt H1b visa. Request you to let me know whether my case given below can be approved as CAP Exempt. I got my H1b approved (CA) on 10/01/2005 and was valid up to 12/27/2007 however i never used H1b to work in US.I have applied SSN from NJ. Case type I129 Receipt number Wac-05-059-50268 I have joined IBM India in 2005 and they have applied L1b (EAC-07-023-50499) for me and approved the same on 2006 ( valid up to 2009). I have never traveled on My L1b Either. I have travelled to US on B1/B2 Visa which was valid up to 2014. Now I want to recapture My H1b. Could you please share attorney name and other details to proceed from here? Thanks HSB **************@gmail.com Link to comment
R7777 Posted April 2, 2015 Report Share Posted April 2, 2015 Hello, My H1B has been approved as CAP Exempt . 1) Came to USA on L1A in July 2004. 2) Went back to India in May 2006. 3) Got H1B petition approved through a different employer in Septermber 2006, but this H1 was never used and I was never on H1B status. 4) Came back to US on L1 in November 2006 and stayed on L1B and L1A visa till May 2012. 5) Exhausted 7 years period on L1 status. 6) Stayed in India from May 2012 to August 2013. 7) Returned back to USA in August 2013 on H4 visa as a dependent to my spouse. 8) Filed for a cap-exempt H1B in January 2014 using my old H1B that was approved in 2006. 9) Got an RFE on Employee-Employer relationship , Dependent Status and Recapture dates. 10) For recapture dates they asked me to send my passport all pages and last years tax return documents. 11) RFE was responded on 31st Jan 2014, documents reached USCIS on 3rd Feb 2014. 12) H1B has been approved on 5th Feb 2014. From all this I feel as long as we have one approved H1B petition and no matter when it was filed , we are eligible for CAP Exempt. Note :- My H1B COS has been filed by a very good attorney. Thanks everyone on this forum for sharing useful information. Dear L2EADGC, For recapturing the remaining H1B period , whether they will ask for previous US paystubs ? Kindly let me know . Thanks in advance Link to comment
gubbas77 Posted June 16, 2015 Report Share Posted June 16, 2015 Hi All, I Just need clarification on H1B . I had filed for H1B personally and my H1b petition go approved in 2007 quota valid from Jan 12th 2008 to September 1st 2010. I never worked on H1B nor gone for stamping . Right now my current visa status L1B , L1B petition expiry date 4th Nov 2015. I would be completing 5 years of my L1B visa. Now, I would like to know whether I can file H1B petition using the CAP exempt remainder option (for remaining one year) from my old H1B petition which was approved in 2007 as it was approved more than 6 years back. Thanks is advance and greatly appreciate your help. Thanks, SG. Link to comment
AnuToUS Posted August 25, 2015 Report Share Posted August 25, 2015 Was your H1B stamped earlier, before you used it for Cap-exempt in 2015? Link to comment
lavanyav Posted October 12, 2015 Report Share Posted October 12, 2015 Hello, My H1B has been approved as CAP Exempt . 1) Came to USA on L1A in July 2004. 2) Went back to India in May 2006. 3) Got H1B petition approved through a different employer in Septermber 2006, but this H1 was never used and I was never on H1B status. 4) Came back to US on L1 in November 2006 and stayed on L1B and L1A visa till May 2012. 5) Exhausted 7 years period on L1 status. 6) Stayed in India from May 2012 to August 2013. 7) Returned back to USA in August 2013 on H4 visa as a dependent to my spouse. 8) Filed for a cap-exempt H1B in January 2014 using my old H1B that was approved in 2006. 9) Got an RFE on Employee-Employer relationship , Dependent Status and Recapture dates. 10) For recapture dates they asked me to send my passport all pages and last years tax return documents. 11) RFE was responded on 31st Jan 2014, documents reached USCIS on 3rd Feb 2014. 12) H1B has been approved on 5th Feb 2014. From all this I feel as long as we have one approved H1B petition and no matter when it was filed , we are eligible for CAP Exempt. Note :- My H1B COS has been filed by a very good attorney. Thanks everyone on this forum for sharing useful information. Please share your very good atorney's contact information on the email ************@GMAIL.COM. Thanks a ton. Link to comment
dsan Posted April 8, 2016 Report Share Posted April 8, 2016 Hi L2EADGC, Can you please share your attorney's contact details... Thanks, dsan Link to comment
JPS1978 Posted September 14, 2017 Report Share Posted September 14, 2017 Coul On 2/11/2014 at 2:07 PM, L2EADGC said: Hello, My H1B has been approved as CAP Exempt . 1) Came to USA on L1A in July 2004. 2) Went back to India in May 2006. 3) Got H1B petition approved through a different employer in Septermber 2006, but this H1 was never used and I was never on H1B status. 4) Came back to US on L1 in November 2006 and stayed on L1B and L1A visa till May 2012. 5) Exhausted 7 years period on L1 status. 6) Stayed in India from May 2012 to August 2013. 7) Returned back to USA in August 2013 on H4 visa as a dependent to my spouse. 8) Filed for a cap-exempt H1B in January 2014 using my old H1B that was approved in 2006. 9) Got an RFE on Employee-Employer relationship , Dependent Status and Recapture dates. 10) For recapture dates they asked me to send my passport all pages and last years tax return documents. 11) RFE was responded on 31st Jan 2014, documents reached USCIS on 3rd Feb 2014. 12) H1B has been approved on 5th Feb 2014. From all this I feel as long as we have one approved H1B petition and no matter when it was filed , we are eligible for CAP Exempt. Note :- My H1B COS has been filed by a very good attorney. Thanks everyone on this forum for sharing useful information. Could you share attorney details? Thanks.. Link to comment
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