H1 CAP Exempt Need Help

[Dhk]

Hi - I need a help to know if I would qualify for H1 CAP Exempt visa

I travelled to US in 2006 on L1 visa, in 2009 Applied for L1 Extn and then in 2010 APplied for L1 to H1B conversion.
My H1 was approved from 2010 to 2012 (Max out). I have not applied for Greenc Card
I moved out of U.s in 2012 and after 1 year of cooling period in 2013, can I know apply for New H1 visa under CAP Exempt??

Please help.

[kabkaba]

No, the whole point of spending 1 year outside is to get the fresh 6 years. That can only be done if the petition is filed subject to annual cap.

[manish0817]

H1 CAP Exempt Need Help

No, the whole point of spending 1 year outside is to get the fresh 6 years. That can only be done if the petition is filed subject to annual cap.

My case is similar to this one,
1. I just want to know in one post you suggested that if Visa is not used, CAP exempt can be filed in next 6 years from CAP cycle year.
2. If you have already used your H1b visa in US then one should not have a gap of 1 complete year else beneficiary can't file in CAP exempt?
3. Is my understanding correct, New petition can be filed in CAP exempt for remaining year i.e 6 years - No of years spend in US)

Thanks for clearing my doubt.

[kabkaba]

My case is similar to this one,
1. I just want to know in one post you suggested that if Visa is not used, CAP exempt can be filed in next 6 years from CAP cycle year. --You remain cap-exempt for 6 years since the last petition was filed.
2. If you have already used your H1b visa in US then one should not have a gap of 1 complete year else beneficiary can't file in CAP exempt? --If you have not spent complete 6 years in the US in H1+L1 status, then cap-exempt is available. Spending 1 year outside has nothing to do with that.
3. Is my understanding correct, New petition can be filed in CAP exempt for remaining year i.e 6 years - No of years spend in US) --The duration of the petition cannot be longer than the remainder period.

Thanks for clearing my doubt.

See above.

[manish0817]

H1 CAP Exempt Need Help

See above.

Thanks a lot for all the answers !!

[raghvi]

Hi - I need a help to know if I would qualify for H1 CAP Exempt visa

I travelled to US in 2006 on L1 visa, in 2009 Applied for L1 Extn and then in 2010 APplied for L1 to H1B conversion.
My H1 was approved from 2010 to 2012 (Max out). I have not applied for Greenc Card
I moved out of U.s in 2012 and after 1 year of cooling period in 2013, can I know apply for New H1 visa under CAP Exempt??

Please help.

Yes you can but you will get only 6 Years minus time spent in US from 2006 to 2012. If you have used up entire 6 Years (L1+H1) then you cannot apply as cap exempt.

If you want fresh 6 Years apply fresh H1 in April 2014 with start date of Oct 2014.

This is my opinion not legal advice.