H1B CAP Exempt request

[shankarvish2]

Hi All members,

"Please Help"

I have worked in USA on NEW H1B visa from Oct 2013 to April 2014 with Employer "A" and returned to India, resigned Employer "A" in July 2014. I had family issues, took career break and taking care of family since Aug 2014 to till date in India. H1B Visa was expired on OCT 2014.

Now i am planning come back and work in USA . I have few questions. appreciate all your help.. thanks in Advance

1a. I am eligible for H1B Exempt case status.

1b. I don't know Employer "A" cancelled my H1B. if "YES" then other US employer has to file new H1B or Cap exempt H1B.


2. US employer can offer a job to person who is staying in India.

3. I have 2 years of career brake, will it affect the chances of getting H1B Cancelled

[raghvi]

Hi All members,

"Please Help"

I have worked in USA on NEW H1B visa from Oct 2013 to April 2014 with Employer "A" and returned to India, resigned Employer "A" in July 2014. I had family issues, took career break and taking care of family since Aug 2014 to till date in India. H1B Visa was expired on OCT 2014.

Now i am planning come back and work in USA . I have few questions. appreciate all your help.. thanks in Advance

1a. I am eligible for H1B Exempt case status.

1b. I don't know Employer "A" cancelled my H1B. if "YES" then other US employer has to file new H1B or Cap exempt H1B.


2. US employer can offer a job to person who is staying in India.

3. I have 2 years of career brake, will it affect the chances of getting H1B Cancelled

1.a. Yes.
1.B. Cap Exempt h1 petition.
2. Yes.
3. No.

If you have good skill sets and an employer sees value in hiring you and spending time and effort to sponsor you, it is possible.

This is my opinion not legal advice.

[rahulguru]

Raghvi, need your suggestion on a similar scenario:
I exhausted initial 6 years, but had 3 years of extension on H1 based on approved I140. I used only 1 year of this extension and was in India last 3 years.
1. Am I eligible for cap exempt for using the remaining 2 years of the extension?
2. My previous employer is willing to re-hire, could I go for h1b cap exempt?

Thanks!
Rahul

1.a. Yes.
1.B. Cap Exempt h1 petition.
2. Yes.
3. No.

If you have good skill sets and an employer sees value in hiring you and spending time and effort to sponsor you, it is possible.

This is my opinion not legal advice.

[shankarvish2]

Hi raghvi

Thank you so much for your guidance.