H1B 797 Expiring in Jan 2015 - No Stamping

[NCJS]

Hello Everyone,

 

Thank you all for looking into this. This post is critical and your value able advise will be much appreciated.

 

Background:

I have a 797 approved till Jan 13, 2016. I was in US till Feb 2015 and came back to India for a short vacation. However, I could not go back as I got 221G while H1B stamping interview in New Delhi. I submitted the documents but in nov 2015, I received a letter saying that USICS cannot issue me a visa. In all, my employer (e-verified) did not supported me with any documentation apart from companies documents such as tax filing etc. I also didn't have the client letter and it was EVVVC model. 

 

Question:

 

I am looking for a new employer to get a new project as the previous employer mentioned above did not wanted to market me and get a new project as I was in India.

 

1. Will I be considered as H1B cap exempt even after my 797 expires in Jan 2016? If yes, for how long? I have stayed on H1B status for about 28 months.

2. The new employers are asking ME to pay the H1B fees and that too in cash. I know it is not legal but Is it safe and can they be trusted? Please share your experiences, if anyone has done that and got success.

 

I have left with very less days. So, quick and relevant responses will be appreciated. I can be reached at my email as well i.e. cjssharma@gmail.com

 

Thanks

 

[jairichi]

1. Yes, you are cap exempt till you reach the maximum allowed stay of 6 years on H1B status.

2. Never pay H1B fee. It is illegal to do so. Stay away from employers who are willing to violate immigration laws. If you have proofs for those demanding H1B fee file a complaint with USCIS.

[GNH]

You are not using up days of your H1B maximum of 6 years as long as you are out of the country

[NCJS]

Thank you for your legit responses.

 

So, this coming February i.e. in 2016, It will be a year since I came to India from US. As mentioned earlier, I have stayed in US on H1B around 28 months. If I go back before or after of February 2016, How will be the calculation done? 

 

> Will it be counted as fresh start of 6 years if I go after Feb 2016? or will it be calculated where I left of i.e. 28 months?

> For how long, I will be considered to be cap exempt? For example, if I have this petition with my employer expiring Jan 2016 and I don't get a employer to file a new petition until 2020, Will I still be considered as cap exempt?

[JoeF]

You would only get the remainder time.

For the clock to reset, you would have to be outside the US for at least a year and then a new H1 under the quota can be filed.

 

And avoid anything with middle vendors. That's nowadays a road to a denial.

[GNH]

You will get remainder time and you will be cap exempt till you work 6 years on H1B.

[NCJS]

Please please please...Please help me understand only one thing.

The responses are little confusing. I apologize for not understanding your thoughts.

 

As I mentioned earlier, It will already be 1 year in Feb 2016 that I will be out of United States. My 797 approval is valid til Jan 13th 2016.

 

??  If I do not get any employer (new petitioner) before both, Jan 2016 and Feb 2016, Will I be still considered as CAP EXEMPT after Jan 2016 and Feb 2016??

[JoeF]

Please please please...Please help me understand only one thing.

The responses are little confusing. I apologize for not understanding your thoughts.

 

As I mentioned earlier, It will already be 1 year in Feb 2016 that I will be out of United States. My 797 approval is valid til Jan 13th 2016.

 

??  If I do not get any employer (new petitioner) before both, Jan 2016 and Feb 2016, Will I be still considered as CAP EXEMPT after Jan 2016 and Feb 2016??

 

If you haven't used all the time, and you have been abroad for at least a year, you have two options:

1. Have a cap-exempt H1 filed and get the remainder time,

2. Have an H1 filed under the cap and get the full 6 years.

[jairichi]

Please please please...Please help me understand only one thing.

The responses are little confusing. I apologize for not understanding your thoughts.

 

As I mentioned earlier, It will already be 1 year in Feb 2016 that I will be out of United States. My 797 approval is valid til Jan 13th 2016.

 

??  If I do not get any employer (new petitioner) before both, Jan 2016 and Feb 2016, Will I be still considered as CAP EXEMPT after Jan 2016 and Feb 2016??

 

Yes, you will be considered cap exempt.

[NCJS]

In order for me to avail the pending H1B period on my existing H1B, Would I have to be stick with existing employer or Can I approach new employers as well?

[jairichi]

In order for me to avail the pending H1B period on my existing H1B, Would I have to be stick with existing employer or Can I approach new employers as well?

 

Any employer.