H1B Cap Exempt question?


appyfizz

Recommended Posts

Hello Everyone,

 

Kindly review my case details and suggest if I am cap exempt?

 

  • My H1B was approved in Oct - 2008 by company A.
  • I had my first H1B Visa stamped based on this petition in Feb 2009.
  • Later I had re-entered US in April 2009 worked for 6 months and returned back in Oct - 2009
  • I returned back to U.S in July, 2011 when my Visa was about to expire in Sep 2011.
  • I got my petition extended with same employer A till Sep 2014.
  • I went for stamping to Mexico in Oct 2011 on extended petition, got my visa rejected there returned back to India and reapplied in Nov 2011, my H1B got re-affirmed and Visa was issued after 6 months in April 2012.
  • But I have not travelled back on this Visa and now my Visa is expring in Sep 2014.

 

Am I eligible for cap exempt?

 

If yes, till when (which year) can I apply new H1B AS CAP exempt?

 

Can I transfer my H1B to new employer before my H1B expiry to recapture unused time?

 

Can I recapture my unused H1B from same employer?

 

 

 

Link to comment
  • 2 weeks later...

Hi All,

 
I have question specific to H1B visa.
 
My employer A applied for H1B visa in 2013 Apr , it was selected in lottery. We got RFE in Sep 2013, then my employer replied to RFE.
Later in Dec he realized that he replied wrong details so he withdrawn application on Jan 9th 2014.
 
In Feb 2014 he re-applied against the same application by giving reference to withdrawn application. 
We again got RFE in March and after RFE response application was denied(Due to some insufficient project details).
 
Now he has client and contract/SOW ,and he is saying he can again apply for H1B by giving reference of withdrawn application. But this time he is asking for financial help.
 
So my question here are , 
Is it possible to apply again ,by giving reference of withdrawn application ? i mean will it still be considered in quota ? won;t there be any issue because of denied application ?
 
Based on response i can think if to put that much money for H1B application.
 
Thanks in advance,
Regards
John
Link to comment

 

Hi All,

 
I have question specific to H1B visa.
 
My employer A applied for H1B visa in 2013 Apr , it was selected in lottery. We got RFE in Sep 2013, then my employer replied to RFE.
Later in Dec he realized that he replied wrong details so he withdrawn application on Jan 9th 2014.
 
In Feb 2014 he re-applied against the same application by giving reference to withdrawn application. 
We again got RFE in March and after RFE response application was denied(Due to some insufficient project details).
 
Now he has client and contract/SOW ,and he is saying he can again apply for H1B by giving reference of withdrawn application. But this time he is asking for financial help.
 
So my question here are , 
Is it possible to apply again ,by giving reference of withdrawn application ? i mean will it still be considered in quota ? won;t there be any issue because of denied application ?
 
Based on response i can think if to put that much money for H1B application.
 
Thanks in advance,
Regards
John

 

After receipt of denial notice your employer has only one month time limit to appeal against decision made by USCIS. And, paying for H1B petition by employee is illegal.

Link to comment

Archived

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