H1 B Cap exemption ; last date for the filing

[Mahesh2012]

Hi,

 

My friend worked in USA from 1998 to 1999. She later came back to India.

Later, she had H1b processed ; It was valid from Oct 2006 to Sep 2009. She got it stamped on the passport. But did not use the visa to travel to USA.

 

This case is similar to what has been discussed in another thread in this forum.

 

In that thread, Jairichi, a senior member has answered that the person is Cap Exempt.

( http://forum.murthy.com/index.php?/topic/92771-cap-exempt/

 

So my friend is now trying to get a h1b filed. It looks like she can get it done only by end of October or Early November this year.  Is it ok to file it by then ? or is there any deadline within which she has to get it done?

please note that the last h1b was valid until 30 sep 2009 and hence the six year period ends by 29th sep 2015. Does that date have any significance in this case ? or Not?

 

Can she go ahead and get it filed by end of October this year?

 

please let us know

 

thanks in advance

 

 

 

[jairichi]

Hi,

 

My friend worked in USA from 1998 to 1999. She later came back to India.

Later, she had H1b processed ; It was valid from Oct 2006 to Sep 2009. She got it stamped on the passport. But did not use the visa to travel to USA.

 

This case is similar to what has been discussed in another thread in this forum.

 

In that thread, Jairichi, a senior member has answered that the person is Cap Exempt.

( http://forum.murthy.com/index.php?/topic/92771-cap-exempt/

 

So my friend is now trying to get a h1b filed. It looks like she can get it done only by end of October or Early November this year.  Is it ok to file it by then ? or is there any deadline within which she has to get it done?

please note that the last h1b was valid until 30 sep 2009 and hence the six year period ends by 29th sep 2015. Does that date have any significance in this case ? or Not?

 

Can she go ahead and get it filed by end of October this year?

 

please let us know

 

thanks in advance

As long as your friend has not reached the maximum allowed stay of 6 years on H1B she is cap exempt. It can be filed anytime of the year. Talk to an attorney from Murthy law firm.

[Mahesh2012]

Thanks a lot Jairichi.

 

Will contact a lawyer for murthy law firm.