H1B-CAP Exempt -Rejected H1B Petitions

[sivaprasad.s]

Hi,
I had an approved I-797 petition from Employer YYYY in Oct 2007and i got my visa on Jan 2008 and travelled to US on Nov 2008.
I was in US for 3+ years till Feb 2012 and came back to India for stamping and it got rejected and been working here since then.
My I-797 petetion expired in Dec 2013.
Now can I apply for my H1B CAP exempt?
or
Do i need to apply for fresh H1B for fiscal year 2014?


Please advice.

[raghvi]

Hi,
I had an approved I-797 petition from Employer YYYY in Oct 2007and i got my visa on Jan 2008 and travelled to US on Nov 2008.
I was in US for 3+ years till Feb 2012 and came back to India for stamping and it got rejected and been working here since then.
My I-797 petetion expired in Dec 2013.
Now can I apply for my H1B CAP exempt?
or
Do i need to apply for fresh H1B for fiscal year 2014?


Please advice.

You would be cap exempt but out of 6 Years as you have already spent 3 Years you can get only remaining 3 Years.

This is my opinion not legal advice.

[sivaprasad.s]

Thanks a lot Raghvi for information. So when can i apply under cap exemption?Is there any particular period i have to apply?
I have provided all my documents to new employer but they didn't provided much information about when they are going to file my case. Please advice.

[raghvi]

Thanks a lot Raghvi for information. So when can i apply under cap exemption?Is there any particular period i have to apply?
I have provided all my documents to new employer but they didn't provided much information about when they are going to file my case. Please advice.

Any employer can file a cap exempt petition for you anytime within 6 Years of your last held H1 status date that is within 6 Years from Feb 2012.

This is my opinion not legal advice.

[sivaprasad.s]

Hi Raghvi,

I had an interview with YYYY client, and it went good.I have a question, is it true that YYYY company will file 10-20 persons in one LCA and how long it will took to get EAC no.

Thanks,
Siva

[raghvi]

LCA can be filed for multiple people together. LCAs are filed to DOL. EAC Number is issued by USCIS. It can take 1-2 Weeks for EAC Receipt number to be generated expect delays due to the huge rush for H1s this year.

This is my opinion not legal advice.

[sivaprasad.s]

Thanks for response Raghvi....
After my interview, they informed me that by 2nd week of April 14 they are going to provide me the LCA details. I'm lil bit confused ? How can i know if they are genuine or not? Any suggestions please.

[raghvi]

Technically there is nothing much you can do but to trust them.

With the H1 rush and difficulty in getting H1 I am sure a genuine employer would invest money only if they have actual work.

If you paid for the transfer, which is illegal to do, then its a different thing, and the employer may not be trustworthy.

This is my opinion not legal advice.

[sivaprasad.s]

I have another query.

What documents they will provide for my petition?
Is it same set of docs like h1B or will have any additional documents for h1b cap exemption.
Once i got EAC details when can i attend for interview?

[akhil_agarwal1]

H1B cap exemption documents are no different than regular H1B. They will provide the same set of documents.
Once you your petition is approved by USCIS after that you can schedule an interview with the consulate.

I have another query.

What documents they will provide for my petition?
Is it same set of docs like h1B or will have any additional documents for h1b cap exemption.
Once i got EAC details when can i attend for interview?