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Given my case the pitition filed in April 2008 . Stayed only 2 years in US. Visa expired in sep 2012., Please answer the below

Cleveland, OH |

Thanks you all for your valuable answers, I have some more queries on my case
1. Can an another employer file my H1B after oct 2014 under Cap exempt?
2. If we file new H1B petition before Oct 2014 under cap exempt, Will I get the petition valid till Oct 2014 only?
3. What is the way to 're -capture" the remaining 4 years( I stayed only 2 years in this cap) without applying PERM labour certification

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Attorney answers 4

Posted

I told you already in your previous post, you are CAP exempt within 6 years form the day the petition was approved in 2008. You may still have be able to claim the remanded of your 6 year tenure.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Posted

You eligible for any remaining time up the the six year max less the time you actually spent in H1b

Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.

Posted

File it before Oct 2014. 10/143 is exactly 6 years from the date the H1 was first approved. Visa will be approved for the time left on your 6 years.

The advice suggested here is for general information only and not to be construed as legal advice.

Posted

a. Thanks you all for your valuable answers, I have some more queries on my case
1. Can an another employer file my H1B after oct 2014 under Cap exempt? Yes. W/ recapture argument.
2. If we file new H1B petition before Oct 2014 under cap exempt, Will I get the petition valid till Oct 2014 only? No. Can me more.
3. What is the way to 're -capture" the remaining 4 years( I stayed only 2 years in this cap) without applying PERM labour certification. Recapture argument w/ supporting docs.