New H1B Filing NOT subject to Cap

[pchegoor]

Hello Experts,

 

                       I have a Question regarding the Filing of New H1B Petition without being subject to Cap. Here is my Story so far.

I have completed 7 years of H1B.

 

1st  Time :  05/01/2006  to 04/30/2009   

Ist Extension:   03/27/2009 to 09/30/2011

2nd Extension:   10/01/2011 to 08/07/2013

 

 

 

My H1B was extended beyond 6 years becuase my PERM was approved before  the filing of my 2nd Extension. Also later in the year 2011 my I140 was also Approved.My RPiority date is NOT yet current so still waiitng on the I-485 Filing.

 

Now in 2013 when i tried to extend my H1B for the 3rd time i got a RFE and it was responded to and then it was denied  in Jan 2014 with the Reason of 

Inadequate Showing of Employer/Employee Relationship  and Specialty Occupation Requirements.

 

 

So i am now in India and filing for a New H1B without being Subject to Cap.  My Question  is Am i really Eligible for a New H1B NOT subject to Cap ? If Yes, why am I eligible? Is it becuase my I140 was approved 2 years back?

 

Can someone help me in Understand this?

 

Thanks.

[jairichi]

Hello Experts,

 

                       I have a Question regarding the Filing of New H1B Petition without being subject to Cap. Here is my Story so far.

I have completed 7 years of H1B.

 

1st  Time :  05/01/2006  to 04/30/2009   

Ist Extension:   03/27/2009 to 09/30/2011

2nd Extension:   10/01/2011 to 08/07/2013

 

 

 

My H1B was extended beyond 6 years becuase my PERM was approved before  the filing of my 2nd Extension. Also later in the year 2011 my I140 was also Approved.My RPiority date is NOT yet current so still waiitng on the I-485 Filing.

 

Now in 2013 when i tried to extend my H1B for the 3rd time i got a RFE and it was responded to and then it was denied  in Jan 2014 with the Reason of 

Inadequate Showing of Employer/Employee Relationship  and Specialty Occupation Requirements.

 

 

So i am now in India and filing for a New H1B without being Subject to Cap.  My Question  is Am i really Eligible for a New H1B NOT subject to Cap ? If Yes, why am I eligible? Is it becuase my I140 was approved 2 years back?

 

Can someone help me in Understand this?

 

Thanks.

Based on your approved I-140 your H1B petition is cap exempt. 

[pchegoor]

@ Jairichi .   Thanks for the Reply.  One last question. Since my H1-B Filing is NOT subject to CAP based on my I-140 filing, does this mean the maximum duration that i may recieve on my Petition is 3 years?

 

 

Thanks again,

[jairichi]

@ Jairichi .   Thanks for the Reply.  One last question. Since my H1-B Filing is NOT subject to CAP based on my I-140 filing, does this mean the maximum duration that i may recieve on my Petition is 3 years?

 

 

Thanks again,

After I-140 approval each time an extension gets approved it will be for a duration 3 years.