H1B Cap exempt based on previous unused I-797

[joshiajj]

Hello all at Murthy Law Firm,

 

I would really appreciate advice on following :
 

My visa history so far -

 

2008: Employer A  filed for H1B visa in India. Petition was approved with dates 10/01/2008 to 09/30/2011. Visa was stamped BUT I Never used this Visa to enter USA and it is now expired.

2011: Employer B applied for L1B visa in India. It was approved and stamped. I entered USA in August 2011 on L1B Visa.

 

2014: I am currently in USA on L1B visa for last 2 years and 6 months and I am considering a job opportunity with employer C.

 

 

My questions are:

1. Can employer C apply for a H1-B for me on a Cap Exempt basis using the I-797 I received in 2008?

 

2. I am not sure if old I-797 was revoked by Employer A. Will it affect if it was revoked ?
 

3. If the answer to question 1 is Yes then what is the last date a new H1B can be applied under Cap-Exempt in 2014. Does it have to be applied before 30-Sep-2014 considering 6 years completing by that date (petition start date was 01-Oct-2008) ? Or any other date ?
 

4. How long will the new H1-B be issued for ?

A - up to a 3.5 years from now since I have utilized 2.5 years so far on L1B visa ?

B - only upto 30-Sep-2014 based on old I-797 petition (6 years from start date). In this case can I apply for extension in September to utilize remaining period from 6 years Cap (say 3 more years) ?

 

Thank you very much in advance for all your help !

 

[jairichi]

Hello all at Murthy Law Firm,

 

I would really appreciate advice on following :

 

My visa history so far -

 

2008: Employer A  filed for H1B visa in India. Petition was approved with dates 10/01/2008 to 09/30/2011. Visa was stamped BUT I Never used this Visa to enter USA and it is now expired.

2011: Employer B applied for L1B visa in India. It was approved and stamped. I entered USA in August 2011 on L1B Visa.

 

2014: I am currently in USA on L1B visa for last 2 years and 6 months and I am considering a job opportunity with employer C.

 

 

My questions are:

1. Can employer C apply for a H1-B for me on a Cap Exempt basis using the I-797 I received in 2008?

 

2. I am not sure if old I-797 was revoked by Employer A. Will it affect if it was revoked ?

 

3. If the answer to question 1 is Yes then what is the last date a new H1B can be applied under Cap-Exempt in 2014. Does it have to be applied before 30-Sep-2014 considering 6 years completing by that date (petition start date was 01-Oct-2008) ? Or any other date ?

 

4. How long will the new H1-B be issued for ?

A - up to a 3.5 years from now since I have utilized 2.5 years so far on L1B visa ?

B - only upto 30-Sep-2014 based on old I-797 petition (6 years from start date). In this case can I apply for extension in September to utilize remaining period from 6 years Cap (say 3 more years) ?

 

Thank you very much in advance for all your help !

1. Yes.

2. No, it will not affect future cap exempt H1B petitions.

3. Anytime.

4. A is the answer.

[johnnyhero2]

thank you @jairichi...My case is exactly same as well as dates too .Sorry to ask you a question here to avoid duplicate thread.

Until when I will be cap-exempted?is there a 6yrs limit from petition approved year?

 

Thanks,

Johnny

[jairichi]

thank you @jairichi...My case is exactly same as well as dates too .Sorry to ask you a question here to avoid duplicate thread.

Until when I will be cap-exempted?is there a 6yrs limit from petition approved year?

 

Thanks,

Johnny

There used to be this 6 years limit but no more. Check the following thread.

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