H1B Cap Exempt - Question

[nkrdwh]

Hi - I got my first Cap I-797 Approved in 2008 and it was valid till Sep 2011. Some how I could not traveled to US on that H-1 because I got a query when I went for stamping and my old employer was never responded to that query.

 

Again, I got a full time job in Non-Profit Origination and they sponsored me a H1B, I came to US in Feb 2011 and I started working for them from then. I also got my I-40 Approved 2 months back with my current employer.

 

Questions: 

 

1) Do I need to be counted under Cap again next year if I want to work for any profit organization or I can be Cap Exempt because I already counted under Cap once in 2008 and I never used that H-1B?

 

2) If I am Cap Exempt, can I use my I-140 to extend my H-1B with the new employer?

 

Thanks for your help.

[jairichi]

1. You are cap exempt.

2. Yes.

[venumek]

1. You are cap exempt.

2. Yes.

Hi Jarichi,

 

My situation is similar with the following details:

My H1B was approved in 2008 and when i went for stamping in Nov'08, i got 221g blue form and my emplyer was out of business in 2009 and the requested documents were never provided.

My current USCIS status shows that they have sent the notice in April 2011 which was not received and sent back to USCIS.

Please let me know whether i can apply now in cap-exmpt with another employer now.

if yes,also let me know until which year my 2008 approval is valid?

Kindly appreciate on the reply.

Thanks & Regards,

 

[jairichi]

Hi Jarichi,

 

My situation is similar with the following details:

My H1B was approved in 2008 and when i went for stamping in Nov'08, i got 221g blue form and my emplyer was out of business in 2009 and the requested documents were never provided.

My current USCIS status shows that they have sent the notice in April 2011 which was not received and sent back to USCIS.

Please let me know whether i can apply now in cap-exmpt with another employer now.

if yes,also let me know until which year my 2008 approval is valid?

Kindly appreciate on the reply.

Thanks & Regards,

 

You are cap exempt and there is no limit on its validity.

[Khushbu87]

Hi,

 

My situation is that my first H1B visa was filed by a Profit company (under cap) in November 2011 and then I started working for them. I got my visa approved and it was valid until November 2014. 

 

Before my first H1B expires, I got another job offer from a non-profit organization and they filed my H1B (cap exempt) in June 2014 and now the current H1B is valid until June 2017. 

 

So. my question is that if I make a transfer with any profit organization in future, would I be cap exempt or I need to file it under cap with new employer?

 

Thanks.

[jairichi]

Hi,

 

My situation is that my first H1B visa was filed by a Profit company (under cap) in November 2011 and then I started working for them. I got my visa approved and it was valid until November 2014. 

 

Before my first H1B expires, I got another job offer from a non-profit organization and they filed my H1B (cap exempt) in June 2014 and now the current H1B is valid until June 2017. 

 

So. my question is that if I make a transfer with any profit organization in future, would I be cap exempt or I need to file it under cap with new employer?

 

Thanks.

You will be cap exempt till you reach the max allowed stay of 6 years on H1B.

[Khushbu87]

You will be cap exempt till you reach the max allowed stay of 6 years on H1B.

 

Thanks a lot for your prompt response.

 

My first H1 was filed in November 2011 while it was started from March 2012. So, technically am I cap exempt until March 2018? Although my H1B with current employer is valid till June 2017, it seems like I am not completing 6 years of period in June 2017.

 

Many thanks.

[venumek]

Hi Jairichi,

Could you please let me know if I am still eligible for a cap-exempt H1 with the below situation, since there are mixed responses in the past few months:

Hi Jarichi,

My situation is similar with the following details:

My H1B was approved in 2008 and when i went for stamping in Nov'08, i got 221g blue form and my emplyer was out of business in 2009 and the requested documents were never provided.

My current USCIS status shows that they have sent the notice in April 2011 which was not received and sent back to USCIS.

Please let me know whether i can apply now in cap-exmpt with another employer now.

if yes,also let me know until which year my 2008 approval is valid?

Kindly appreciate on the reply.

Thanks & Regards,