H1B Visa validity for cap excempt employee


bharat168

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Hi,

 

I Got my visa stamped on Nov 2013 and valid for Sep-2015, but never travel to USA on this visa.

Now my employer giving me opportunity to go to Non US country (Australasia) on new Australian Visa.

 

I am hoping, my Australia project will finish in early 2016 only, So now i have some question as below:

 

1. In 2016 my Visa will expire, So am I still eligible under Cap exempt category(if changing employer)?

2. Can i utilize same old US visa, if my employer gives me USA travel opportunity in 2016?

3. Can i stay in USA for another 6 Years, when i will travel first in 2016?

 

Thanks,

 

 

 

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Hi,

 

I Got my visa stamped on Nov 2013 and valid for Sep-2015, but never travel to USA on this visa.

Now my employer giving me opportunity to go to Non US country (Australasia) on new Australian Visa.

 

I am hoping, my Australia project will finish in early 2016 only, So now i have some question as below:

 

1. In 2016 my Visa will expire, So am I still eligible under Cap exempt category(if changing employer)?

2. Can i utilize same old US visa, if my employer gives me USA travel opportunity in 2016?

3. Can i stay in USA for another 6 Years, when i will travel first in 2016?

 

Thanks,

1. Yes.

2. You need to apply for H1B visa as by that time your current H1B visa would have expired.

3. Yes, if petition is approved so.

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Hi ,

 

Let me re frame the questions.

 

When my petition and Visa got expire(but not utilized),So i need a fresh petition and i will be counted under Cap Exempt, rt.?

What is the guarantee that, i will get approval for new H1B petition (when all docs are fine)?

Cap exempt employee should not bother about lottery allocation for that Year, and can fill the petition application any time, rt?

 

Thanks,

Link to comment

Hi ,

 

Let me re frame the questions.

 

When my petition and Visa got expire(but not utilized),So i need a fresh petition and i will be counted under Cap Exempt, rt.?

What is the guarantee that, i will get approval for new H1B petition (when all docs are fine)?

Cap exempt employee should not bother about lottery allocation for that Year, and can fill the petition application any time, rt?

 

Thanks,

1. Yes.

2. No one gives you any guarantee.

3. Yes, if you are cap exempt a cap exempt H1B application can be filed anytime.

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