New H1 based on old H1B Approval

[thinkarun]

Hello, I have H1B approval past but expired in Sep 2011. I haven't worked on that H1B. Now I'm on L2 EAD and working. Can i apply new H1B with cap exempt as I've already have H1B approval in 2009.

Appreciate your Help.

[kabkaba]

Yes, your employer cna file cap exempt petition.

[thinkarun]

Thanks for the update. Will there be any risk. any chance of denial. Since i have to pay 4250 i dont want to take chance. Did anyone went thru the same scenario and got it approved.

Appreciate your help,

[shervin143]

No one can predict whether your petition will get approved or not. USCIS will decide that based on the documents that you submit. Employer should pay the H1B filing fee. If you pay the fee, it is illegal. If you cannot afford to take any chance, then don't apply for it.

Thanks for the update. Will there be any risk. any chance of denial. Since i have to pay 4250 i dont want to take chance. Did anyone went thru the same scenario and got it approved.

Appreciate your help,

[thinkarun]

Thanks a lot for the reply. Can USCIS reject my new H1B Petition saying it cannot be Cap Exempt since i'm filing new H1B based on OLD approval petition and asking cap exempt. I want to know only because of this reason can USCIS reject my new petition. I will take other issues.

Appreciate your help.

[shervin143]

That is not a reason for rejection as long as you have not used all 6 years in that old H1B CAP (H1B + L1) combined.

Thanks a lot for the reply. Can USCIS reject my new H1B Petition saying it cannot be Cap Exempt since i'm filing new H1B based on OLD approval petition and asking cap exempt. I want to know only because of this reason can USCIS reject my new petition. I will take other issues.

Appreciate your help.

[thinkarun]

This is great news. I haven't used a single day. Hope it goes thru fine. Thanks.

[garyb]

This is great news. I haven't used a single day. Hope it goes thru fine. Thanks.

Hey thinkarun
Did u get ur h1b approved again?
were u able to get it in cap exempt ?
i'm also in a similar situation.