Am I Cap Exempt?

[AnuToUS]

My Employer A filed a H1Bpetition that was approved in 2008. Valid from 2008-2011. This petition was never stamped.

 

 In 2015 employer B filed a fresh H1B petition that was rejected in lottery.

 

 Now can I use my expired H1B filed by employer A as a CAP exempt? Is it legal and valid as its more than 6yrs ago that emp A filed it.

 

 To qualify for CAP exempt , is the approval date or the expiry date on the petition considered ?

 

 

 

 Pls provide you insights/experiences if any of you were in similar condition.

 

 I am currently in US on H4.

 

 

 

 thanks

[jairichi]

You might be cap exempt. Talk to an attorney.

[AnuToUS]

I have been getting mixed responses on this and therefore trying to understand the CAP exempt criteria and based on which date the 6 yrs are calculated?

 

Is there anybody on this forum who got their petition approved as Cap exempt with a scenario as mine?Pls let me know so that.

[AnuToUS]

jairichi

 You said "might", is it due to the fact that I never entered US on this petition?

[jairichi]

jairichi

 You said "might", is it due to the fact that I never entered US on this petition?

The fact that you never went for visa stamping. Talk to an attorney from Murthy law firm.

[Nats007]

Hi,

I am also in the same situation. My petition got approved in 2007 and I have never used.

 

Please check the below posting related to same discussion.

 

http://forum.murthy.com/index.php?/topic/71763-2006-h1b-cap-exempt-approved/

 

Thanks,

Nat

[harish122320]

We were in same situation last 5 months back. But for us its approved and stamped as well.

 

My wife's petition is 2007 year quota and never used ( not even went for stamping), Her employer filed Cap exempt quota  and it got approved and stamped last 4 days back.

[SunilUS]

Thanks Harish for posting this , not much people share success stories thats why there are so many people wondering if possible or not . 

 

Once again thanks for posting it will give confidence to people. 

 

regrads

[Nats007]

We were in same situation last 5 months back. But for us its approved and stamped as well.

 

My wife's petition is 2007 year quota and never used ( not even went for stamping), Her employer filed Cap exempt quota  and it got approved and stamped last 4 days back.

Hi Harish,

Can you please share the attorney details? I am also in the same situation. I got an offer with the 2007 unused petition and I am getting mixed response.

 

Thanks,

Nats

[harish122320]

Nats007,

 

Somehow i did not see your message, still you need Attorney details ?? I

[Nats007]

Thanks, Harish. My Petition also got approved today.

Thanks for your email. After seeing your posting only I got confidence and applied. Luckily it got approved. So this 6 years thing doesn't matter.

 

Thanks to Jairichi as well.

 

-Nats007

[dsan]

Hi Harish and Nats007,

I am in the same situation. I had an H1B in 2004 quota, worked on it for 5 months(Oct 2004 to Feb2005) and came to India. Been here since. 

Now an employer wants to file for a cap-exempt H1B. I got mixed responses from the forum and also different lawyers. 

 

This feedback from Harish and Nats007 is very encouraging.

Can you please give me the name of the attorney who processed your H1B...?

 

Thanks,

Dsan

 

PS: This is in the official document, its speaks about the 6 years thing but the context is not very clear:

 

DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 204, 205, 214, 245 and 274a [CIS No. 2571-15; DHS Docket No. USCIS-2015-0008] RIN 1615-AC05(page 43) :

 

ii. Application of the H-1B Numerical Cap to Persons Previously Counted 

Section 103 of AC21 also amended the INA to ensure that H-1B nonimmigrant workers can change jobs or employers without requiring that they again count against the H-1B cap. Specifically, section 103 provides that an individual who has been counted against the H-1B numerical cap within the 6 years prior to petition approval will not be counted against the cap unless that individual would be eligible for a new 6-year period of authorized H-1B admission. See INA section 214(g)(6); 8 U.S.C. 1184(g)(6). As noted above, an individual previously in the United States on H-1B nonimmigrant status is eligible for a full 6 years of authorized admission as an H-1B nonimmigrant after residing and being physically present outside the United States for the immediate prior year. See 8 CFR 214.2(h)(13)(iii)(A)

[jairichi]

Hi Harish and Nats007,

I am in the same situation. I had an H1B in 2004 quota, worked on it for 5 months(Oct 2004 to Feb2005) and came to India. Been here since. 

Now an employer wants to file for a cap-exempt H1B. I got mixed responses from the forum and also different lawyers. 

 

This feedback from Harish and Nats007 is very encouraging.

Can you please give me the name of the attorney who processed your H1B...?

 

Thanks,

Dsan

 

PS: This is in the official document, its speaks about the 6 years thing but the context is not very clear:

 

DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 204, 205, 214, 245 and 274a [CIS No. 2571-15; DHS Docket No. USCIS-2015-0008] RIN 1615-AC05(page 43) :

 

ii. Application of the H-1B Numerical Cap to Persons Previously Counted 

Section 103 of AC21 also amended the INA to ensure that H-1B nonimmigrant workers can change jobs or employers without requiring that they again count against the H-1B cap. Specifically, section 103 provides that an individual who has been counted against the H-1B numerical cap within the 6 years prior to petition approval will not be counted against the cap unless that individual would be eligible for a new 6-year period of authorized H-1B admission. See INA section 214(g)(6); 8 U.S.C. 1184(g)(6). As noted above, an individual previously in the United States on H-1B nonimmigrant status is eligible for a full 6 years of authorized admission as an H-1B nonimmigrant after residing and being physically present outside the United States for the immediate prior year. See 8 CFR 214.2(h)(13)(iii)(A)

Talk to an attorney from Murthy law firm.

[dsan]

Hello Harish and Nats007,

Can you please share your attorney details...? Is there any way to PM me? I could not find any way to PM either of you guys...

 

 

Thanks,

dsan

[dsan]

Hi Harish and Nats007,

My email is updated on my profile page. Appreciate if you can share the details on that.

 

Thanks,

dsan