mir_021 Posted November 5, 2014 Report Share Posted November 5, 2014 Hello Attorney, I am currently working as a Medical Fellow at a University in the US from Dec2010 to date ( Will finish by December 2014). I have a cap exempt H1B visa. I am being offered a job with a large private practice to work at a a large non-profit hospital which has a residency program and is probably assiciated with a University. I am not sure if this hospital will come under cap exemption or not ? Any ideas ? Details of the new employer are as follows: 1. Will work at a very large non-profit hospital ( Although hired by a private practice) 2. The Hospital does have an accredited resideny program in my sub speciality and in other sub specialities as well 3. Heard about 3rd party petitioning . Does this scenario qualify ? Thanks in advance for your input Link to comment
jairichi Posted November 5, 2014 Report Share Posted November 5, 2014 Your employer is in private practice and so you are not cap exempt. Link to comment
RKS_11 Posted December 10, 2014 Report Share Posted December 10, 2014 Hello, My H1B petition got approved in 2008. I could not get my VISA stamped because my employer could not give enough supporting document for VISA (Tax Paper) & got Stuck on 221g. No H1B visa stamping, So no travel on H1B. My H1B petition got expired on 17 Sept 2011. I come to know I can get CAP exemption, if my petition has been approved in last 6 years. Now it is close to 6 years 3 months. Does this mean that my 6 year period is over & my H1b petition cannot be reused for Cap exemption ? If new employer file the new H1B for me, Will I get the Cap exemption OR do I need to wait for New CAP to start? Shall be thankful, If you could answer this ? Regards, Ravi Link to comment
RKS_11 Posted December 10, 2014 Report Share Posted December 10, 2014 Hello, My H1B petition got approved in 2008. I could not get my VISA stamped because my employer could not give enough supporting document for VISA. No H1B visa stamping, So no travel on H1B. My H1B petition got expired on 17 Sept 2011. I come to know I can get CAP exemption, if my petition has been approved in last 6 years. Now it is close to 6 years 3 months. Does this mean that my 6 year period is over & my H1b petition cannot be reused for Cap exemption ? If new employer file the new H1B for me, Will I get the Cap exemption OR do I need to wait for New CAP to start? Shall be thankful, If you could answer this ? Regards, Ravi Link to comment
jairichi Posted December 10, 2014 Report Share Posted December 10, 2014 Hello, My H1B petition got approved in 2008. I could not get my VISA stamped because my employer could not give enough supporting document for VISA. No H1B visa stamping, So no travel on H1B. My H1B petition got expired on 17 Sept 2011. I come to know I can get CAP exemption, if my petition has been approved in last 6 years. Now it is close to 6 years 3 months. Does this mean that my 6 year period is over & my H1b petition cannot be reused for Cap exemption ? If new employer file the new H1B for me, Will I get the Cap exemption OR do I need to wait for New CAP to start? Shall be thankful, If you could answer this ? Regards, Ravi New employer can file a cap exempt H1B petition. Link to comment
str Posted December 13, 2014 Report Share Posted December 13, 2014 Hi, I am also sailing on the same boat. In this case , should we wait till April 2015..or can initiate the process immediately.. Thanks Link to comment
jairichi Posted December 14, 2014 Report Share Posted December 14, 2014 Hi, I am also sailing on the same boat. In this case , should we wait till April 2015..or can initiate the process immediately.. Thanks There are two boats in this post. In which one are you sailing? Link to comment
str Posted December 16, 2014 Report Share Posted December 16, 2014 sorry jairichi. Please find my case below 1. I applied for H1B in 2008 and got the petition approved. It was valid from 10/01/2008 to 09/21/2011. But i never used that petition for stamping or working. Later i travelled to US on L1B from May 2009 to Aug 2011 ( 2 Years 3 months) and returned to India. Please help to clarify my question whether I will be cap exempt if for apply for H1B in April 2015 ( as it has crossed 6 years of validity by sep 2014). Please help 2. If i can apply for cap exempt , can i start immediately or wait till April 2015 Thanks, Sampath Link to comment
jairichi Posted December 16, 2014 Report Share Posted December 16, 2014 sorry jairichi. Please find my case below 1. I applied for H1B in 2008 and got the petition approved. It was valid from 10/01/2008 to 09/21/2011. But i never used that petition for stamping or working. Later i travelled to US on L1B from May 2009 to Aug 2011 ( 2 Years 3 months) and returned to India. Please help to clarify my question whether I will be cap exempt if for apply for H1B in April 2015 ( as it has crossed 6 years of validity by sep 2014). Please help 2. If i can apply for cap exempt , can i start immediately or wait till April 2015 Thanks, Sampath 1. Yes, you are cap exempt. Talk to an attorney from Murthy law firm. 2. Yes, if your cap exempt H1B petition is approved you can start to work immediately. Link to comment
str Posted December 17, 2014 Report Share Posted December 17, 2014 Thank you very much Jairichi Link to comment
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