H1 Expired, Un-utilized time - Cap Exempt filing possible?


bond_bhai

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Hello All,

   I have a question reg my expired H1. I had an H1 from 2005 valid until 2008. I was in the USA for about 10months. I returned back before the visa was expired. I understand that i can file for an H1 under "Cap exempt" category and claim for the un-utilized time. Is this possible? Any tips/suggestions are greatly appreciated.

 

PS. I am back in india now. Working for a different company. Not the same one where the visa was filed thru.

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Hello All,

   I have a question reg my expired H1. I had an H1 from 2005 valid until 2008. I was in the USA for about 10months. I returned back before the visa was expired. I understand that i can file for an H1 under "Cap exempt" category and claim for the un-utilized time. Is this possible? Any tips/suggestions are greatly appreciated.

 

PS. I am back in india now. Working for a different company. Not the same one where the visa was filed thru.

Yes, an employer can file a cap exempt H1B petition anytime and on approval you can apply for a H1B visa at US consulate and start working immediately. You will get 6 years - time already spent in US on H1B status.

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   I have a question reg my expired H1. I had an H1 from 2008 valid until 2011. I haven't travelled to US during the period.

Is it possible to file for an H1 under "Cap exempt" category. Any tips/suggestions are greatly appreciated.during that period i worked for X company.Now i am working for Y.
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   I have a question reg my expired H1. I had an H1 from 2008 valid until 2011. I haven't travelled to US during the period.
Is it possible to file for an H1 under "Cap exempt" category. Any tips/suggestions are greatly appreciated.during that period i worked for X company.Now i am working for Y.

 

Yes, based on the approved employer X's cap subject petition from employer Y can file a cap exempt petition anytime. On approval you can go for H1B visa stamping and travel to US immediately to join employer.

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Hello All,

   I have a question reg my expired H1. I had an H1 from 2005 valid until 2008. I was in the USA for about 10months. I returned back before the visa was expired. I understand that i can file for an H1 under "Cap exempt" category and claim for the un-utilized time. Is this possible? Any tips/suggestions are greatly appreciated.

 

PS. I am back in india now. Working for a different company. Not the same one where the visa was filed thru.

 

 

Yes, an employer can file a cap exempt H1B petition anytime and on approval you can apply for a H1B visa at US consulate and start working immediately. You will get 6 years - time already spent in US on H1B status.

 

I enquired reg the cap exempt filing with a consultant. He mentioned he spoke to his attorney and replied back saying - the 6 years starts from the day we enter into USA, so with the entrance date being in 2006 and we cannot apply for extension now. Only filing new h1 will be the solution.

 

Is this how it is treated?

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