Cap exempt advice!


Dogfish

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Hi folks,

I have a concern to share and look forward for your valuable advice.

Approved my petition I797 in 2008 till 2011 but availed in the last 1.5 years and entered US in Jun 2010. Here, I worked intermittently for only 2 months in between from Dec 2010 to 2012 with just 2 months of generated pay stubs.

After extending my expired visa in 2011, my employer applied for extension ang got till Oct 2014 although with 3 months gap in returning to India.

But due to some reasons in marketing my resume, my employer revoked my H1B in 2012 after my approved extension and asked me to leave US and I politely obliged to return to India in Feb 2012.

Now my concern is, if I apply from other company in India, whether I am eligible for cap exempt, and if yes will I be asked by VO to provide my earlier pay stubs from my past company?

Also, Should I apply as cap exempt or should I apply for new quota erasing my past?

So, please advice me in this regard.

Thank you,

DJ

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Working intermittently is a violation of immigration rule on H1B visa. On H1B you need to work and be paid regularly. You will be cap exempt if you have not used the max allowed stay of 6 years on H1B. No previous pay stubs are required. And, there is no way you can erase things from record with respect to immigration.

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Thank you jairichi and ashuneel for the response.

I agree that it was a violation. But I would like rectify my past, so I would sincerely like to take your advice in this regard.

If I am eligible for cap exempt, then what would be my best move when I apply again for H1B in future?

Thanks again.

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Thank you jairichi and ashuneel for the response.

I agree that it was a violation. But I would like rectify my past, so I would sincerely like to take your advice in this regard.

If I am eligible for cap exempt, then what would be my best move when I apply again for H1B in future?

Thanks again.

Find a good employer who follows immigration laws. Let new employer file a cap exempt H1B petition and make sure that you are paid as per LCA. Your past cannot be rectified. 

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Jairichi,

Good to see your response again. I need one last advice from you.

In filling the DS 160 form, what are the questions that I would answer based on my case?

Also, can you tell me what answers should I have to explain?

Thanks,

DJ

Can you specifically ask what questions concern you in DS160?

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Like I mentioned earlier, There were no pay slips generated for more than couple of months, does I fall under out of status?

If yes, then have I violated the immigration rules?

Will this effect my new approval, when my employer applies under cap exemption?

In DS 160, do I need to explain or answer about my case?

Over all, Will this have any influence on my new cap exempt application?

Thanks,

DJ

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Like I mentioned earlier, There were no pay slips generated for more than couple of months, does I fall under out of status?

If yes, then have I violated the immigration rules?

Will this effect my new approval, when my employer applies under cap exemption?

In DS 160, do I need to explain or answer about my case?

Over all, Will this have any influence on my new cap exempt application?

Thanks,

DJ

Yes, you were out of status. It is against immigration law not to be paid while on H1B, Your employer violated the law and a result you were out of status. Talk to a an attorney from Murthy law firm. 

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