H1B Cap Exempt - New Case

[ssk]

I am currently in US working on L1B visa. I came first time in US on Nov 2011 on L1B visa through my current employer. This year I want to file my H1B visa. But previously when I was in India working for previous employer, I had my approved H1B petition valid from Oct 2006 - Sept 2009 and also got my visa stamped. But I never travelled US on H1B visa.
My query is, when we file my H1B petition this year, will it be considered under H1B Cap exempt quota or not ?

Please reply with your answer.

[jairichi]

I am currently in US working on L1B visa. I came first time in US on Nov 2011 on L1B visa through my current employer. This year I want to file my H1B visa. But previously when I was in India working for previous employer, I had my approved H1B petition valid from Oct 2006 - Sept 2009 and also got my visa stamped. But I never travelled US on H1B visa.

My query is, when we file my H1B petition this year, will it be considered under H1B Cap exempt quota or not ?

Please reply with your answer.

Your employer can file a cap exempt H1B petition anytime and on approval you would get 6 years - time spent in US on L1B status.

[ssk]

Thanks for reply.Appreciate it.

When I contacted my Immigration department expert of our Company they replied with below answer :

 

"H1B can be used within 6 years from the date it was subject to CAP. If you were subject to CAP in 2006, 2012 is when the 6 years limit gets over. "

 

They are skeptical about my case and now I am also in state of ambiguity. Please reply with your thoughts on this.

[jairichi]

Thanks for reply.Appreciate it.

When I contacted my Immigration department expert of our Company they replied with below answer :

 

"H1B can be used within 6 years from the date it was subject to CAP. If you were subject to CAP in 2006, 2012 is when the 6 years limit gets over. "

 

They are skeptical about my case and now I am also in state of ambiguity. Please reply with your thoughts on this.

A reply from an attorney in murthy forum about issue like yours might be of help.

 

http://forum.murthy.com/index.php?/topic/71540-h-1b-cap-issues/page-2#entry280015

[ssk]

Hi All

 

Thanks for the responses which helped immensely. In continuation to my above threads I have the following questions :

 

1) My L1B extension which went on RFE, was eventually denied by USCIS. So I had two options that I could have gone with which were :

     a) To go for  stamping for H1B Cap exempt petition that was approved by USCIS without I-94 (which I filed through consultant)

     b) To return back to India from my currrent employer with whom I had L1B and extension for the same had been rejected by USCIS.

 

2) I opted for option b, where I returned back to India on July 19 as rejection notice came to me on July 16. Because my employer also filed H1B under April 2014 regular quota which got selected in lottery and petition for the same was approved on May 12 (as mentioned in earlier threads).

 

So my questions are as below :

 

1) Will my cycle be reset on July 19 2015 where I will be completing one year outside US and be eligible for fresh new 6 years ?

2) If not what is procedure or rule for cycle reset, if i want to pursue the same ?

[jairichi]

 

Hi All

 

Thanks for the responses which helped immensely. In continuation to my above threads I have the following questions :

 

1) My L1B extension which went on RFE, was eventually denied by USCIS. So I had two options that I could have gone with which were :

     a) To go for  stamping for H1B Cap exempt petition that was approved by USCIS without I-94 (which I filed through consultant)

     b) To return back to India from my currrent employer with whom I had L1B and extension for the same had been rejected by USCIS.

 

2) I opted for option b, where I returned back to India on July 19 as rejection notice came to me on July 16. Because my employer also filed H1B under April 2014 regular quota which got selected in lottery and petition for the same was approved on May 12 (as mentioned in earlier threads).

 

So my questions are as below :

 

1) Will my cycle be reset on July 19 2015 where I will be completing one year outside US and be eligible for fresh new 6 years ?

2) If not what is procedure or rule for cycle reset, if i want to pursue the same ?

 

1. Your clock is not reset. For clock to reset employer has to file a cap subject H1B petition after you spent one year outside US.

2. Refer 1.

 

If you want 6 years then employer has to file a cap subject H1B petition in July 2015. If cap has reached then April 2016.

[ssk]

Thanks for the response. In continuation to above answer I have below questions.

 

1) Suppose I get my visa stamped for the petition that is approved from current employer. After getting visa stamped, if I resign from my current employer and join another employer (because until I go for stamping I will not get petition papers from my employer). If I request the new employer to file a CAP exempt petition for me (as I was having approved petition that got selected in lottery), will it be treated as fresh new petition and will my cycle be reset ?

[jairichi]

Thanks for the response. In continuation to above answer I have below questions.

 

1) Suppose I get my visa stamped for the petition that is approved from current employer. After getting visa stamped, if I resign from my current employer and join another employer (because until I go for stamping I will not get petition papers from my employer). If I request the new employer to file a CAP exempt petition for me (as I was having approved petition that got selected in lottery), will it be treated as fresh new petition and will my cycle be reset ?

Even if filed as cap exempt H1B petition by new employer your clock will not be reset. Employer has to file a cap subject H1B petition after you stayed outside US for 1 year to get 6 years i.e. clock reset. In your case it has to be 19th July 2015. If cap has reached then April 2016.

[ssk]

Hello EveryOne,

 

I came to US on H1B visa in May 2015. I have my visa stamped until Sept 2017. Recently I got an offer from new employer and they have given me joining date of Feb 2016. I have pre-planned my India visit on Feb 13,2016 and would come to USA on Mar 6, 2016. My concerns are as below :

 

1) Do i need to get my visa stamped again for my new employer for travelling to USA from India ?

2) If not, then what documents do i need to carry with me from new employer which will satisfy my case at POE ?