H1B - used for short visit and expired. Am I eligible for H1b cap exemption?

[sanjaygotmail]

Hi,

I had a H1b visa (validity: Mar 2001 to Oct 2003) from company A and used it only for a short visit (3 weeks). After that short visit, I returned back to India and worked with couple of other companies (in the last 8 years). During this period, I went for B1 visa interview for the company 'B' and the visa officer stamped my H1b with 'Cancelled without Prejudice'. I'd also travelled to US multiple times, using the B1 visa.

Now, I'm working in Company 'C' and would like to move to US on H1b (if my current employer can sponsor). I would like to know, if I'm eligible for the H1b cap exemption since I've not utilized the entire H1b visa period earlier & stayed outside US for sooo long. Would it be possible for me to apply anytime of the year - without worrying about the H1b cap?

Please help and appreciate your quick response.

Thanks,
Sanjay

[kabkaba]

Technically, yes. Your new employer will need a copy of the previous approval notice.

[sanjaygotmail]

That's a great news.

So, the new H1b will be granted/approved (if everything is fine) only for the "remainder" period - which is about 2+ years and not 6 years?

[kabkaba]

6 years minus time spent in the US in H1 or L1 status.

[sanjaygotmail]

Great. Thank you so much

[sanjaygotmail]

Kabkaba, Really sorry about dragging this thread. Unfortunately, I realize that I'd lost the copy of the previous approval notice and I don't have any info other than the visa on my passport (cancelled without prejudice).

Is there any way I can retrieve a copy of the approval notice from USCIS? I'm really lost Appreciate your inputs.

[kabkaba]

Does the Visa have the receipt number?

[sanjaygotmail]

It has something called: control number.

Also at the bottom of the visa, I see some alphanumberical values along with my passport number and an '<' symbol.

Apart from this, I see an 8 digits number with P#- prefix.

[sanjaygotmail]

I also see an 8 digit number in RED color. I'm told that's the visa number. Will that help?

[kabkaba]

Seems difficult to me. Your employer should consult their attorney.

[krish0824]

h1b cap excemption (expired h1b)

Hi Kad****,
I am in the same boat as sanjay. I have read your replies but what Anna says in the similar post which I posted is somewhat different than what you had mentioned.
Please confirm.

http://www.immihelp.com/forum/showthread.php?p=254935#post254935