H1B Cap Exemption Rule-- Need to Know

[Mitan]

Dear Friends;

I had my H1B issued and stamped for 2008-2011. However I have never traveled.

Now; I am with a different company, under this situation I have following questions in my mind

1. Will I be eligible for H1B Cap Exemption?
2. Till Which year will I be eligible for?
3. If I am eligible for exemption, can I get it immediately and start working in US or do I need to wait till next cycle?

Thank You for Your time, I appreciate.


Regards

[Nattybone]

Hello, Mitan.

I am not a professional, but this is my understanding:
1) You are not subject to the H1B cap again, as you were counted for the cap in 2008. So, your old visa is good.
2) I do not know till what year it is eligible, but what people say on this very forum, H1B once issued is valid for 6 years - for recapturing. E.g.: If you were to try to recapture this 2008 H1B, you could do so till 2014, not beyond that. In 2014, if someone is able to recapture unused H1B, he is entitled to use all of the unused days from 2008.
3) As you are in a different company, you will need a fresh petition. This would NOT be subject to the cap but a fresh petition is required by this new employer.

This information is based on my own experiences and not any professional study.

Hope this helps.

Cheers,

Dear Friends;

I had my H1B issued and stamped for 2008-2011. However I have never traveled.

Now; I am with a different company, under this situation I have following questions in my mind

1. Will I be eligible for H1B Cap Exemption?
2. Till Which year will I be eligible for?
3. If I am eligible for exemption, can I get it immediately and start working in US or do I need to wait till next cycle?

Thank You for Your time, I appreciate.


Regards

[Mitan]

Thank You Nattybone.

I understand that as I am in new company I have to get new petition. But does it mean I can apply only in April 2014 once H1B window will open or can I do it now?

[Nattybone]

Hello, Mitan.

I think you need not wait till April 2014. You will need a new petition through the new company, though. I am sharing a link on H1B usage and expiration: http://www.immihelp.com/forum/archiv.../t-103162.html

Hope this helps.

Cheers,

I am not a professional on Immigration matters. Thoughts are my own.

Thank You Nattybone.

I understand that as I am in new company I have to get new petition. But does it mean I can apply only in April 2014 once H1B window will open or can I do it now?

[lisaanderson]

Dear Friends;

I had my H1B issued and stamped for 2008-2011. However I have never traveled.

Now; I am with a different company, under this situation I have following questions in my mind

1. Will I be eligible for H1B Cap Exemption?
2. Till Which year will I be eligible for?
3. If I am eligible for exemption, can I get it immediately and start working in US or do I need to wait till next cycle?

Thank You for Your time, I appreciate.


Regards

1. Yes because you were counted towards the cap within the past 6 years.
2. 6 years from date of H-1B or last time in H-1B status- in your case, 2014.
3. New employer can apply immediately and you can come to the U.S. as soon as it is approved and you get new stamp.

[luck]

H1-B Petition upgraded to Premium but Clock is not started yet

My employer has filed a H1-B petition on 6-Nov-13 in cap exemption. The same employer has upgraded my H1-B petition to PREMIUM on 19-Nov-13. I am worried, the 15 days clock is not yet started when I check my petition status in USICS website.

Please advise how soon the clock start working once the petition is converted to premium.

Thank you.

[kabkaba]

They will start 15 days after the 'receive' the premium request form. The receipt date is generally a week or two later than the actual physical delivery of the form.