Query regarding cap exempt H1

[pkannamraju]

I had earlier applied for H1 , it got picked in lottery and I got a I-797B with validity of 3 years(i.e 10/01/2008 to 03/30/2011).I didn't go for VISA stamping during that period as i had cancelled my plan to go to US . 

Now if I want to go for H1 with a new employer , would it be possible for my new employer to file CAP exempt H1, since i had already gone through lottery once .Would my expired I-797B of any use.

 

Its been more than 6 years from the time I applied for H1.

[jairichi]

I had earlier applied for H1 , it got picked in lottery and I got a I-797B with validity of 3 years(i.e 10/01/2008 to 03/30/2011).I didn't go for VISA stamping during that period as i had cancelled my plan to go to US . 

Now if I want to go for H1 with a new employer , would it be possible for my new employer to file CAP exempt H1, since i had already gone through lottery once .Would my expired I-797B of any use.

 

Its been more than 6 years from the time I applied for H1.

You are cap exempt. A new employer can file a cap exempt H1B petition with old approval notice.

[Dawnz]

Let's Say, My H1B is approved in September, and for some reason Employer withdraws the application in October. In the mean time, no salary is paid and /or I have been out of work. The next time around, would my application be considered cap exempt? 

I am trying to get pregnant  and may not be able to work in october.

 

Thank you for your replies and sugeestions

[jairichi]

Let's Say, My H1B is approved in September, and for some reason Employer withdraws the application in October. In the mean time, no salary is paid and /or I have been out of work. The next time around, would my application be considered cap exempt? 

I am trying to get pregnant  and may not be able to work in october.

 

Thank you for your replies and sugeestions

If this is your first cap subject H1B approved in Sept for a start date in Oct then employer has to pay you from Oct. If you have no plans to work then you would need to apply for a COS. Any subsequent H1B petition is cap exempt.

[Dawnz]

Thanx Jairichi, as always :)

 

 

So you mean, when H1B is applied for a  H4 individual, and if the H1B is approved, his/her  visa status is automatically updated to H1B visa and he/she  ceases to be in H4 status. Would this be considered automatic  COS or is there a separate process?

 

And the COS you reffered means,  COS from H1B  bact to H4.?

[nandac]

if the person has never been to the usa, even if he has had an approved h1b in the past, how can the person be cap exempt ?

 

• The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US.

[hope1582]

I had similar type of query:

I was in US from Mar-2006 to Feb-2008 on L1. During same time, my H1B petition was approved under 2007 quota.I returned from US in Feb 2008 & got my H1B approved in March 2008 with validity till Sep'2010. But never traveled on H1B to US...

I recently visited US  on B1 (Sep 2013)

 

Under above situation, am I eligible for applying visa  under "H1B Cap Exemption" ....

 

PS: I tried searching various treads for the same but did not get clarity on this. There is confusion that, do I need to be in US on H1 B for atleast sometime to avail this ?

 

Thanks for your help! 

[jairichi]

Thanx Jairichi, as always :)

 

 

So you mean, when H1B is applied for a  H4 individual, and if the H1B is approved, his/her  visa status is automatically updated to H1B visa and he/she  ceases to be in H4 status. Would this be considered automatic  COS or is there a separate process?

 

And the COS you reffered means,  COS from H1B  bact to H4.?

Employer can file a H1B petition as consular processing or COS from H4 to H1B for you. It is one process. When H1B petition gets approved as COS you will have an I94 attached to the lower corner of I797. Otherwise I94 will be missing.