H1B Cooling period validity


sahu

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Hi,

 

I came to US in 2005 for 9 months on H1B and then went back to my home country. Again I came in March 2009 and since then I am in US in H1B.

 

Can you please let me know, if the cooling period will be counted as I was out of US for more then 1 year and can stay in US till March 2015 ( 6 years) or the stay in US for 9 months in 2005 will be added to the 6 year of validity ?

 

Please feed back.

 

Regards.

Sahu

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Hi,
 
I came to US in 2005 for 9 months on H1B and then went back to my home country. Again I came in March 2009 and since then I am in US in H1B.
 
Can you please let me know, if the cooling period will be counted as I was out of US for more then 1 year and can stay in US till March 2015 ( 6 years) or the stay in US for 9 months in 2005 will be added to the 6 year of validity ?
 
Please feed back.
 
Regards.
Sahu

 

If you entered US on H1B with a cap exempt H1B petition in March 2009 then the 9 months in 2005 will be added to your 6 years max allowed period on h1B.

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Hi,

 

Thanks for your response. Is there a way I can find if it was  under a new cap or not ? Can I check petitions or somewhere in the application that gets mentioned ?

 

Please let me know.

 

Regards,

Sunil Sahu

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Hi,

 

Thanks for your response. Is there a way I can find if it was  under a new cap or not ? Can I check petitions or somewhere in the application that gets mentioned ?

 

Please let me know.

 

Regards,

Sunil Sahu

Yes, it will be in I-129 whether your attorney filed it as a cap subject or exempt H1B petition.

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Hi,

 

Thanks for your response. I checked my I - 129 and can see that it was applied on March  2007 as follow :

 

2. Basis for Classification : 

    a. New employment.( including new employer filing H1b extension)

3. Provide the most recent petition/application receipt number for the beneficiary. If none exists, indicate "N/A."

N/A

4. Requested Action (Check one):

a. Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (NOTE: A petition is not required for an
E-1, E-2, H-1B1 Chile/Singapore, or TN visa.)
 

The old petition I had was valid till Jan 2006 as per I-797.

 

So is this means a new file or how is it ? Please confirm.

 

Thanks for your help.

 

Regards,

Sahu

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Hi,

 

Thanks for your response. I checked my I - 129 and can see that it was applied on March  2007 as follow :

 

2. Basis for Classification : 

    a. New employment.( including new employer filing H1b extension)

3. Provide the most recent petition/application receipt number for the beneficiary. If none exists, indicate "N/A."

N/A

4. Requested Action (Check one):

a. Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (NOTE: A petition is not required for an
E-1, E-2, H-1B1 Chile/Singapore, or TN visa.)
 

The old petition I had was valid till Jan 2006 as per I-797.

 

So is this means a new file or how is it ? Please confirm.

 

Thanks for your help.

 

Regards,

Sahu

If it was applied in March 2007 it is a cap exempt H1B petition as USCIS starts accepting cap subject H1B petition only from April.

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Hi,

 

Thanks for your response. The I-129 failed on Mar 26th 2007 and I got the I-797 validity from Aug 31st 2007 to June 30 2010. Do you think, this indicates that it might not be a new quota ? 

 

I was trying to check if anywhere its been stated clearly but don't see any other then the information I gave in last note.

 

Please feedback.

 

Regards,

Sahu

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Hi,

 

Thanks for your response. The I-129 failed on Mar 26th 2007 and I got the I-797 validity from Aug 31st 2007 to June 30 2010. Do you think, this indicates that it might not be a new quota ? 

 

I was trying to check if anywhere its been stated clearly but don't see any other then the information I gave in last note.

 

Please feedback.

 

Regards,

Sahu

Filed on March 2007 means it is a cap exempt H1B petition as cap subject H1B petitions are accepted by USCIS only from 1st April.

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