H1B Cap Exemption

[sameerjoshi]

I have expired H1B approval valid from 10-1-2007 to  8-31-2010 stamped for employer A. 

I never travelled to US on H1B, now this H1B was expired. It is almost greater than 6 years.

 

Now My current employer B is willing to file H1B on Cap Exemption.  I have following queries.

 

1) Is this possible, am I eligible for H1B under Cap Exemption?

2) If yes then what wil be the duration for H1B Cap exempt?

3) Is there USCIS document  which says then please provide a link so that I can show it to my current  employer.

 

 

 

 

 

[jairichi]

1. Yes.

2. 6 years.

3. Your employer's attorney will know this.

[sameerjoshi]

Thanks jairichi for quick response.

 

But I am little bit confused here because I have heard from other forums that Cap exempt is valid till six years only from the date of approve date of petition. I have read following on USCIS site. 

 

"The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US."

 

Can you please guide me on the same. It will be really helpful.

 

Thanks a lot.

[jairichi]

Thanks jairichi for quick response.

 

But I am little bit confused here because I have heard from other forums that Cap exempt is valid till six years only from the date of approve date of petition. I have read following on USCIS site. 

 

"The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US."

 

Can you please guide me on the same. It will be really helpful.

 

Thanks a lot.

It used to be so. But, you can check with attorney at Murthy's law firm as they have helped in those kind of cases.

[vanka56]

hi sameerjoshi,

 

looks iike i am also on the same boat, ony difference for me was that the year was 2008. Let me know if there is any progress and or you found any way to get ahead with this.

 

 

Regards,

Venkat S