H1B cap exempt or not, valid or not- please help

[adi27online]

Hello

 

I had my H1B apporved and stamped for 2008. Since i had to move from F1 status to H1B, i had to return to India in 2007. After i got my stamping done in 2008, i did not go back to US since then.

I never entered US on my H1 status.

Do you think my H1 is still valid, can i use it/revive? It should fall under then cap exempt as i did not use even a single day of the 6 years.

 

What should be the next step for me..to get back to US.

 

Please help me with you opinion and suggestions.

 

Thanks

 

[jairichi]

Hello

 

I had my H1B apporved and stamped for 2008. Since i had to move from F1 status to H1B, i had to return to India in 2007. After i got my stamping done in 2008, i did not go back to US since then.

I never entered US on my H1 status.

Do you think my H1 is still valid, can i use it/revive? It should fall under then cap exempt as i did not use even a single day of the 6 years.

 

What should be the next step for me..to get back to US.

 

Please help me with you opinion and suggestions.

 

Thanks

Yes, you are cap exempt. An employer has to file a cap exempt H1B petition anytime and on approval you ca enter US with a valid H1B visa and I797.

[annanyan]

Hi All

 

Request you to kindly help to clarify if my H1 is cap exempt. Thanks a lot for your time.

 

My H1B was raised by company A on 13-Apr-2010 and I got a I797B document stating visa is valid till 30-Jul-2013. However I moved to company B and did not get my passport stamped or attend visa interview.

 

The immigration team of current employer says that there is a recent amendment in the policy which mandates that H1B Visa must be stamped in passport from petitioner company (my previous company) for applying under cap exempt category. Request you to kindly confirm if I can apply for cap exempt H1. Thanks for your time.

[jairichi]

Hi All

 

Request you to kindly help to clarify if my H1 is cap exempt. Thanks a lot for your time.

 

My H1B was raised by company A on 13-Apr-2010 and I got a I797B document stating visa is valid till 30-Jul-2013. However I moved to company B and did not get my passport stamped or attend visa interview.

 

The immigration team of current employer says that there is a recent amendment in the policy which mandates that H1B Visa must be stamped in passport from petitioner company (my previous company) for applying under cap exempt category. Request you to kindly confirm if I can apply for cap exempt H1. Thanks for your time.

You are cap exempt. When an employer files a cap exempt H1B petition and gets approved you can approach US consulate for H1B visa.

[hightech]

When you change the LCA it required to apply for H1B amendment.

In your case it's already done at company B and If you received continuous I-94 number you are good to

If you didn't get the I-94 number  needs to cross the country re-stamp again on your passport

[annanyan]

You are cap exempt. When an employer files a cap exempt H1B petition and gets approved you can approach US consulate for H1B visa.

Thanks a lot for your time jairichi. Please be informed that the status for my receipt number is "Request for Evidence Response Review" dated 28-Jul-2010, processed at California Service Centre. Since I had changed companies I did not get any details subsequently. Regret the delay in providing this information. Request you to kindly confirm so that I can take it up with the immigration team. Thanks a lot for your time.

[jairichi]

Thanks a lot for your time jairichi. Please be informed that the status for my receipt number is "Request for Evidence Response Review" dated 28-Jul-2010, processed at California Service Centre. Since I had changed companies I did not get any details subsequently. Regret the delay in providing this information. Request you to kindly confirm so that I can take it up with the immigration team. Thanks a lot for your time.

It does not matter as you are cap subjected once and have not utilized the max allowed stay of 6 years on H1B.