H1B Cap Exemption - For Non used and expired petition.


raju.raju

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Here is my situation: Employer A applied H1B for me FY 2008 cap and I was in India at that time. It was approved on April 28th 2008 with the valid period from 10/01/2008 to 12/01/2010. But I have not used this H1B at all. i.e. I did not go for visa stamping in India and also I did not enter US until now. My Question is :

 

Can any Employer apply for H1B now with cap exemption ? If yes, until what date am I eligible to apply.

 

Thanks in advance.

 

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Here is my situation: Employer A applied H1B for me FY 2008 cap and I was in India at that time. It was approved on April 28th 2008 with the valid period from 10/01/2008 to 12/01/2010. But I have not used this H1B at all. i.e. I did not go for visa stamping in India and also I did not enter US until now. My Question is :

 

Can any Employer apply for H1B now with cap exemption ? If yes, until what date am I eligible to apply.

 

Thanks in advance.

Yes, any employer can file a cap exempt H1B petition anytime. No time limit.

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  • 4 weeks later...
Hi,

I am looking for H1b Cap exemption on unused H1B from my present L1A status for different employer 

and i am really confused. Please assist, below is detailed info.

 

Employer A filed H1b:

    Receipt date: 23-Sept-09

    Valid:     from   21-Oct-2009  to  30-Sept-2012

    Stamping result: I had got 221(g) twice for more info from employer. 

                               Embassy mentioned, they dont have any problem with me, but the employer looks problematic.

                               I felt the process and no update since then.

 

Employer B filed for L1A:

 Date: Jan-2012

 Came to USA: Mar-2012

 Total stay in USA: 2.3 years (presently in USA)

 

Following are my question:

 

1. Now, am i eligible for H1b Cap exempted if Employer C is willing to get me on H1b ?

     I had never got my previous H1b petition stamped successfully and I was never in USA on H1b status.

     Also, I have not stayed in USA for more than 6 years on L1A as well.

     

2. If i can be cap exempted, What is better COS orpetition approval?

    How is it decided ?

    Will the COS be based on my present I-94 ?

 

3. Are there higher chances of rejection as i had 221g in my previous petition?

   Or it is upto Employer C ?

   

4. How much average time the process may take - new petition by Employeer C as part of H1b cap exempt ? 

 

Please assist :)

 

Vishnu

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Thanks Jairichi :) appreciate your help and appreciate people like you helping others with such useful info.

Can you please also assist for below related questions:

 

1. My original H1B petition was for 'Programmer Analyst' role, 

    i.   is it ok if new petition is for different position like senior programmer analyst ?

    ii.  is it ok if it is not a managerial role for H1B?  presently, i am on a managerial role on L1A

2. If my present L1A stamping is valid till Dec 2014, but if my I-94 is valid till April 2017 and if i opt for COS from L1 to H1,

    will i be able to stay in US on H1 for April 2017 ?

3. Will i have to go for stamping after COS, if i want to leave US for vacation and come back ?

4. If at all i opt for GC process after transfer to H1B, do i need to go for a successful stamping before GC process?

 

 

Vishnu.

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1. (i) Yes.

    (ii) I do not know.

2. Total stay on H1B will be 6 years which in your case will include time spent in US on L1A. If you have spent 3 years on L1A then you will have 3 years left on H1B.

3.If COS is approved and you travel anytime after that you need to get a H1B visa to enter US and stay on H1B status.

4. GC has nothing to do with your H1B.

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Please, if possible, i would need some more clarity on question 4 to understand the process.

 

1. Can i apply for GC without H1B visa stamping? as i had done COS from L1A to H1B

2. Once my GC is under process, will i ever have to go for visa stamping while i am extending my H1B ?

     2.1 what if i have to travel to India on a personal trip? will i then have to get stamping for coming back?

     2.2 Could there be an issue for visa stamping once GC is under progress, as the embassy would think that the employee                 intention is to stay in USA for every.

 

Thanks in Advance :) 

 

 

Vishnu.

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Please, if possible, i would need some more clarity on question 4 to understand the process.

 

1. Can i apply for GC without H1B visa stamping? as i had done COS from L1A to H1B

2. Once my GC is under process, will i ever have to go for visa stamping while i am extending my H1B ?

     2.1 what if i have to travel to India on a personal trip? will i then have to get stamping for coming back?

     2.2 Could there be an issue for visa stamping once GC is under progress, as the embassy would think that the employee                 intention is to stay in USA for every.

 

Thanks in Advance :) 

 

 

Vishnu.

1. Yes.

2. Only when you exit and want to enter US you will need a valid H1B visa. H1B is dual intent and allows you to show immigration intent.

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  • 3 years later...

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