unused expired H1B - Can be exempted from cap ?


sitaram12

Recommended Posts

Hi Experts,

 

Could  you please suggest on this case:

 

I have previously held a H1B approved petition (I-129), which is valid from 2007 to 2010. However, I have not got it stamped. If I want to apply again, do I have to apply under the new cap or will I be exempted, since I have been counted once earlier and approved, but not used that at-all.

 

Thank you.

Link to comment

Hi Experts,

 

Could  you please suggest on this case:

 

I have previously held a H1B approved petition (I-129), which is valid from 2007 to 2010. However, I have not got it stamped. If I want to apply again, do I have to apply under the new cap or will I be exempted, since I have been counted once earlier and approved, but not used that at-all.

 

Thank you.

You are cap exempt.

Link to comment

Jairichi, Many Thanks for your reply. Quick questions on this. There seems to be a 6 yrs period limitation fo cap exempt scenario, is that a time span or from date to - to date scenario ? This petition was surrendered / returned by me, but not rejected by the USCIS. Will that be an issue to file again ?? Thank you.

Link to comment

Jairichi, Many Thanks for your reply. Quick questions on this. There seems to be a 6 yrs period limitation fo cap exempt scenario, is that a time span or from date to - to date scenario ? This petition was surrendered / returned by me, but not rejected by the USCIS. Will that be an issue to file again ?? Thank you.

Go through this post by an attorney.

 

http://forum.murthy.com/index.php?/topic/72359-h-1b-cap-exemption-issues/?hl=attorney_25#entry282812

Link to comment

Archived

This topic is now archived and is closed to further replies.