H1B CAP expiry

[Kitt]

Hi Experts,

I had been in US for 1 year and 7 months with H1B visa since Nov 2007 to March 2009. As per old threads, I got to know that I can use same CAP to travel again as it has not reached 6 years of limit. But have few queries-

Q:1 My H1B petion was approved in Oct 2007 and so will CAP expire in Oct 2012? Or will it count (6 years - total stay in US) irrespective of dates?

Q:2 If it will expire in Oct 2012 then will I be able to raise visa till June Oct or is it possible beyond it?

Looking for a reply............

[kabkaba]

Any employer can file a cap-exempt petition requesting immediate start for you at any time until Oct 2012. You will get all the time remaining from the 6 year limit (6 years less any time spent in the US in H1 status).
Also, since you have spent more than 1 year outside the US already, any employer can file a cap-subject petition for you with earliest start date of Oct 1, which will get you a fresh term of 6 years.

[Kitt]

Thanks kabkaba for the info. Few more queries..

Q:1 So, if my employer raises petition before CAP expiry date, I will be eligible to stay in US for non-utilized period (6 years-1 year 4 months) (or) only till the expiry date of CAP ?

Q:2 I have my petition number. Is there a website or a way to find the CAP status ?

Q:3 I got H1B visa for Illinois and travelled to Texas through LCA. When I raise a new H1B petition under old CAP, will it be for Illinois (or) I need a new LCA to change to Texas?

[kabkaba]

Thanks kabkaba for the info. Few more queries..

Q:1 So, if my employer raises petition before CAP expiry date, I will be eligible to stay in US for non-utilized period (6 years-1 year 4 months) (or) only till the expiry date of CAP ?

6 years - 1 year 4 months

Q:2 I have my petition number. Is there a website or a way to find the CAP status ?
There is no such thing.

Q:3 I got H1B visa for Illinois and travelled to Texas through LCA. When I raise a new H1B petition under old CAP, will it be for Illinois (or) I need a new LCA to change to Texas?
Wherever your intended work location is.

If your new employer hires an experienced attorney, they will know how to handle this.

[Kitt]

From below reply...

Q:2 I have my petition number. Is there a website or a way to find the CAP status ?
There is no such thing.

So, is it like CAP will be valid for 6 years from the date of petition approval/ Visa approval date/ receipt date/ petition valid date? How to be sure that CAP is valid?

[kabkaba]

In order to allow cap-exemption, USCIS requires that the last petition be filed within the last 6 years.

[Kitt]

Thanks a ton Kabkaba.....

One last question.... My husband is processing H1B visa with dependent and so I will get H4 visa...... But at the same time I am trying to get H1B through my employer too.

So, can one person have multiple visas and what visa is valid to use meaning....last received or how?

Kindly let me know if its possible to have H4 and then get H1B also.

Looking forward to hear from you............

[kabkaba]

Petition, Visa and status are three different things.
You can have any number of petitions filed for you. You can also have any number of Visas in your passport. (Although sometimes at the consular officers' discretion they cancel existing Visas when you apply for a different Visa). You can only use any one of the Visas (and corresponding petition if any) to travel to US and have only one non-immigrant status while in the US.
If you are present in the US and if there are multiple status related applications (extension of H4 status and change to H1 status), those are conflicting. Your status will be determined by the last approved petition in that case and you have to maintain that status.