d14399 Posted October 20, 2014 Report Share Posted October 20, 2014 Hi, I have a H1B petition approved in october 2007 valid till September 2010, but was not used till date. I am currently in USA on L1B visa valid from December 2013 to March 2016. Am I eligible to file for COS from L1B to H1B as CAP EXEMPT? or Am I ineligible to file for COS as CAP EXEMPT because the H1B approved previously was not used continuously for Six(6) years? Please help me on this. Thank you Sree Link to comment
jairichi Posted October 20, 2014 Report Share Posted October 20, 2014 Yes, an employer can file a cap exempt H1B petition and on approval you are eligible for 6 years - time spent in US on L1B status. Link to comment
jitenl Posted October 23, 2014 Report Share Posted October 23, 2014 Hi, I was working with Company X and Company Y filed a H1B which was approved in Aug 2007. The stamping never happened and I never traveled. I changed my job to Company Z in Oct 2007 and left it in Aug 2014. Currently not working. Can any employer now file for H1B under cap exempt category? Since it is more than 7 years now, is it still possible? Really appreciate a response on this. Thanks, Jeeten Link to comment
jairichi Posted October 23, 2014 Report Share Posted October 23, 2014 Hi, I was working with Company X and Company Y filed a H1B which was approved in Aug 2007. The stamping never happened and I never traveled. I changed my job to Company Z in Oct 2007 and left it in Aug 2014. Currently not working. Can any employer now file for H1B under cap exempt category? Since it is more than 7 years now, is it still possible? Really appreciate a response on this. Thanks, Jeeten Yes, you are considered cap exempt. Link to comment
jitenl Posted October 27, 2014 Report Share Posted October 27, 2014 Yes, you are considered cap exempt. Can I immediately? If not, how long does it take to transfer? Link to comment
jairichi Posted October 27, 2014 Report Share Posted October 27, 2014 Can I immediately? If not, how long does it take to transfer? You can do so immediately. Check with an attorney from murthy law firm. Link to comment
kspradhan Posted October 29, 2014 Report Share Posted October 29, 2014 Hi, I have a H1B petition approved in october 2007 valid till September 2010, but was not used till date. I am currently in USA on L1B visa valid from December 2013 to March 2016. Am I eligible to file for COS from L1B to H1B as CAP EXEMPT? or Am I ineligible to file for COS as CAP EXEMPT because the H1B approved previously was not used continuously for Six(6) years? Please help me on this. Thank you Sree Hello Sree Are you able to get H1B visa on CAP exempt category ? I fall to same boat, I am trying to confirm that applying COS with cap exempt in cases like this is really successful, and not a theoritical stuff and visa stamping is not getting rejected Thanks Krupa Link to comment
jitenl Posted October 30, 2014 Report Share Posted October 30, 2014 Thank you jairichi for the responses. I approached two employers and they indicate that since it is more than six years since the approval it is not possible to apply for Cap exempt H1B. Link to comment
jairichi Posted October 30, 2014 Report Share Posted October 30, 2014 Thank you jairichi for the responses. I approached two employers and they indicate that since it is more than six years since the approval it is not possible to apply for Cap exempt H1B. I would suggest you to talk to an attorney from Murthy law firm. Link to comment
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