H1B CAP EXEMPTION QUESTION.


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Dear folks,

 

It would be great if you advise on the below case:

 

Background:

 

1) I got the L1, which was valid from Mar 2006 to Mar 2009, Stamping also done on the Passport

 

2) I got H1B Visa in March 2008, which was valid Sep 2010, Stamping also done on the Passport I never ever travelled to US till date

 

3) Applied for B1 Visa in Mar 2011, got rejected

 

4) Applied for B1 Visa again (second time in the same month) in Mar 2011, got Approved,Stamping also done on the Passport

 

5) Again applied for H1B in 2011 and got the query -221g.

 

After that I have submitted the documents couple of days later and got the reply via courier to my office address but unfortunately I was outside of my country at that time and not collected the documents.

Still don't know this status (hopefully got rejected)

 

Questions:

 

I never ever travelled to US till date.

1) My case will come under the cap-exempt based on 2008-Approved-H1B

2) If yes, is there any problem because of  2011-On Hold or rejected- H1B?

3) If I am cap-exempt, till how many years am I eligible under cap-exempt?

4) And I also don't have the documents with me, is it OK?

5) For Cap-exempt, new employer need to apply fresh H1B or transfer the existing H1B

 

Thank you so much for your help in advance.

 

Cheers,

Madhu

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Dear folks,
 
It would be great if you advise on the below case:
 
Background:
 
1) I got the L1, which was valid from Mar 2006 to Mar 2009, Stamping also done on the Passport
 
2) I got H1B Visa in March 2008, which was valid Sep 2010, Stamping also done on the Passport I never ever travelled to US till date
 
3) Applied for B1 Visa in Mar 2011, got rejected
 
4) Applied for B1 Visa again (second time in the same month) in Mar 2011, got Approved,Stamping also done on the Passport
 
5) Again applied for H1B in 2011 and got the query -221g.
 
After that I have submitted the documents couple of days later and got the reply via courier to my office address but unfortunately I was outside of my country at that time and not collected the documents.
Still don't know this status (hopefully got rejected)
 
Questions:
 
I never ever travelled to US till date.
1) My case will come under the cap-exempt based on 2008-Approved-H1B
2) If yes, is there any problem because of  2011-On Hold or rejected- H1B?
3) If I am cap-exempt, till how many years am I eligible under cap-exempt?
4) And I also don't have the documents with me, is it OK?
5) For Cap-exempt, new employer need to apply fresh H1B or transfer the existing H1B
 
Thank you so much for your help in advance.
 
Cheers,
Madhu

 

1. Yes, you are cap exempt.

2. If rejection is due to your credentials there might be issues.

3. If you had never travelled to US and stayed on H1B and L1 status then you are eligible for full 6 years.

4. You need the petition number or a copy of approval notice. If not file a FOIA with USCIS.

5. A cap exempt H1B petition has to be filed by employer anytime.

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Hi Jirchi

 

Thank you so much for your response.

 

For my 2008 Approved H1B, I have the Form I797B & I-129 soft copies and don't have the originals.

And stamping is also done on the Passport.

 

Is these soft copies enough to the Employer to apply for Cap-exempt H1B?

 

During my 2011 H1B interview , first I got the 221G and my employer provided the documentation.

After that I got the refusal - 224B.

 

I guess, it is rejected by due to insufficient documents provided by my employer.

 

And also I got the L1, H1B (2008) and B1 Visa, I think there is no issues with my credentials, what is your views on this?

 

For Cap-exempt, current employer transfer my unused H1B (2008) or they need to apply fresh for H1B again under cap-exempt?

 

Thanks

Madhu

 

 

 

 

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