H1B-CAP Exempt -Expired H1 Petitions

[hariomhari]

I have been US from 2008 - 2009 (april) in H1B (Petition : 2007 - 2010). Now I am US with L1, is it possible to transfer to different employer now, using the old H1B ?

Yes , You can.Any Employer can file H1B cap exempt petition.

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I have to travel US and I have below conditions.

1. I had stamped my H1B First time in 2007 and I797 was valid till 2010
2. I had transferred my H1B To other employer and I129 was valid till 2011
3. I came back to India in Jan-2009. I have worked in US for 1 year on H1B
4. My Company stamped B1 in Feb-2011, I travelled and stayed just for 3 months in year 2011 on B1
5. After that I never visited US and my I129/I797 got expired

Do I need to go for lottery? If no, then what else needs to be done.

Please let me know the process

No , You are cap exempt , No need to go lottery. Any employer can file cap - exempt h1B petition any time.

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Hi,
I had H1B visa from Feb 2002 to Feb 2005. I stayed in USA from Feb 2002 on H1B for 1.5 years and then returned to India. I haven't visited USA in the last 10 years.
Can my new employer use the existing expired H1B petition and reapply for the remaining 4.5 years? Is it already invalid? Will I need to go thru a fresh 65000 cap?

Pls let me know.
Thanks.

@Som01us - I think , you are cap exempt however not sure but worth to try. There are good chances that you will able to recapture remaining 4.5 years of your 10 OLD expired H1B. If you try from Good company , I think 99% chance your case approved.

[Biraja Prassana Das]

Hi All, MY h1b visa got expired in 2011. I have not traveled during the validity of my visa. Now I want to travel to US and am looking for genuine h1b visa sponsor. Please help me in getting one or provide some guidance. Also I would like to know if I would be cap exempt or need to fall under the cap quota. Thanks in advance.

[rajaryan]

Regarding H1B Cap Exempt

I have applied for H1b visa this years for FY2016, and my employer filed as a new H1b. However I had H1b in the past 6 years and was having approved visa till 2011, which was a continuation of my H1b extension. I also have I-140 approved while I was in US
I would like to know, will I be considered as H1b cap exempt, as I heard that USCIS will conduct sweep to determine who has visa in the 6 year for cap exempt.

It would be great if anyone can answer this

Demi

[raghvi]

Something doesnt fit the story. Why was a fresh H1 applied when the previous one could have been renewed for 3 Years based upon I140 approval?

Also, in your case I dont think you are eligible for fresh cap if you have not spent 1 Year outside US after exhaustion of 6 Years of an already existing H1.

This is my opinion not legal advice.

[rajaryan]

Something doesnt fit the story. Why was a fresh H1 applied when the previous one could have been renewed for 3 Years based upon I140 approval?

Also, in your case I dont think you are eligible for fresh cap if you have not spent 1 Year outside US after exhaustion of 6 Years of an already existing H1.

This is my opinion not legal advice.

Hi

It was a mistake from employer, I am out side USA from the past 2 years and had valid visa till 2011.
So, in your opinion I am eligible for H1B cap exempt?

[libra14]

Similar, but different

I've gone through the whole thread & found it quite informative.

Here is my situation:
1. I had received I-797 approval in 2009
2. Never tried to get the visa stamped using that approval
3. Now that approval is expired
4. Can I apply in CAP-exempt quota this year (2015) now (I couldn't clear this year lottery on a fresh application) ?

Since I've already been counted in the quota once & Never used it, can I use my whole 6 years approval now?

[shervin143]

A CAP is valid only for 6 years. CAP exempt petitions can be filed within the 6 year limit. Post that, you need to apply through a new CAP.

I've gone through the whole thread & found it quite informative.

Here is my situation:
1. I had received I-797 approval in 2009
2. Never tried to get the visa stamped using that approval
3. Now that approval is expired
4. Can I apply in CAP-exempt quota this year (2015) now (I couldn't clear this year lottery on a fresh application) ?

Since I've already been counted in the quota once & Never used it, can I use my whole 6 years approval now?

[kmoorthy7]

Unused expired Visa, am I eligible for cap-exemption?

I got my H1B stamped in Oct 2007 and valid till Sep 2010 and I never used it. Can I use the old cap to file a new cap-exempt H1B (transfer to a different employer)?

[rameshsuresh119]

did you get the response

Did you get the response to your query? I have a similar issues

Hi,
I had H1B visa from Feb 2002 to Feb 2005. I stayed in USA from Feb 2002 on H1B for 1.5 years and then returned to India. I haven't visited USA in the last 10 years.
Can my new employer use the existing expired H1B petition and reapply for the remaining 4.5 years? Is it already invalid? Will I need to go thru a fresh 65000 cap?

Pls let me know.
Thanks.

[rameshsuresh119]

Expired H1B in 2011

I have a question regarding my previous H1B; I would appreciate if you can provide your valuable inputs.

My previous H1B was Valid from 2008 to 2011, I never travelled to US on this visa. My US B1/B2 visa was stamped in 2012 valid till Jan 2022, and visited US in 2012 on business visa. Please suggest:

1. Can I utilize my previously approved H1B petition?
2. Am I eligible to file in the CAP EXEMPT quota if my current employer is ready to sponsor? Is there a provision of utilizing after completing 6 years from the date of stamping OR we cannot use at all?

Please give your advice/suggests to me on this.

[shariharan]

Need to move to H1B from L1A

I am still in the US on L1A and I need to move to another employer because my current employer will not file my GC. Here is my Visa status for last 10 years

1. 2004 October - 2009 April --- L1B
2. Stayed in India for 8 months
3. 2009 December - 2010 June --- H1B
4. 2012 April -- Present -- L1A and still in US

Can a new employer file for my H1B on Cap Exempt ? If so, Will I have to travel back to India for stamping my H1 ? Is the eligibility till 2015 December (based on my H1B first stamp date) or 2016 June (based on my last H1B status )

Any reply would be highly appreciated...

[rajesh_want2b]

H1B Cap Exempt - Applying 2nd Time

Hi,

My initial H1B visa was granted in 2010. I never travelled on that visa and it expired. After that I applied H1B under cap-exempt during 2012 with the same company and travelled to US for 5 months and returned to India. Can I apply H1B under cap-exempt again with the same company?

(1) If I am eligible to apply, is there any time limit by which I need to apply?
(2) If I am eligible, what would be the remaining period in my H1B?

[shervin143]

My initial H1B visa was granted in 2010. I never travelled on that visa and it expired. After that I applied H1B under cap-exempt during 2012 with the same company and travelled to US for 5 months and returned to India. Can I apply H1B under cap-exempt again with the same company?
>>> Yes

(1) If I am eligible to apply, is there any time limit by which I need to apply?
>>> One H1B CAP is valid for 6 years from its initial effective date. You can apply anytime during that time frame.

(2) If I am eligible, what would be the remaining period in my H1B?
>>> Only the time spend in U.S in H1B (+L1) status counts towards the H1B 6 year period. Calculate the time you spent in U.S in H1B + L1 status and minus that form 6 years.

[supriyan769]

hard copy of H1B visa petition not received

My initial H1B visa was granted in 2010. I never travelled on that visa and it expired. After that I applied H1B under cap-exempt during 2012 with the same company and travelled to US for 5 months and returned to India. Can I apply H1B under cap-exempt again with the same company?
>>> Yes

(1) If I am eligible to apply, is there any time limit by which I need to apply?
>>> One H1B CAP is valid for 6 years from its initial effective date. You can apply anytime during that time frame.

(2) If I am eligible, what would be the remaining period in my H1B?
>>> Only the time spend in U.S in H1B (+L1) status counts towards the H1B 6 year period. Calculate the time you spent in U.S in H1B + L1 status and minus that form 6 years.

hi!
I got the petition approval letter january 2015 through email but still have not received my hard copy ..what can i do to get it . I am really confused whether i will get the hard copy or not ..My company is even not providing the receipt.please suggest what to do?

[shervin143]

If the petition was actually approved, then your company attorney might have received the approval notice by now. How do you now that your petition was approved without even knowing the receipt number to check online? Check with your employer. It looks like they are not interested in giving you the approval notice. If they really have not received the hard copy of the approval notice, then they can request USCIS to send a duplicate copy. Are you currently working for that employer without having the approval notice in hand?

hi!
I got the petition approval letter january 2015 through email but still have not received my hard copy ..what can i do to get it . I am really confused whether i will get the hard copy or not ..My company is even not providing the receipt.please suggest what to do?