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Is my specific case eligible for cap exempt application?

Columbus, OH |

I had an H1b valid from 05- 08. Specifically I worked on the h1b from 06 - June 07 i.e I was in h1b status till June 07, after which I left the US. Few questions

1. On April 1st can I file a cap exempt petition instead of a cap petition , which would allow me an immediate start date ?
2. Can I filed a cap exempt petition even after June 13, which is 6 yrs plus my last day in h1 status? Some of my friends tell me I cannot since it would be more than 6 yrs.
3. What about my initial petition approval date ,Its 2005 , does it matter in the remainder option?Or the last day in the US in enough to claim cap exemption?

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Attorney answers 3

Posted

You appear to be outside of the 6 year 'window' from 05 to 11. With that said, an attorney might be able to re-capture some of your 'unused' time.

If so, there is no need to wait until April 1st to file.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

So the recapture of the unused time will be cap exempt right? And being outside the six year window doesnt matter for recapture?

F. J. Capriotti III

F. J. Capriotti III

Posted

This is a good example of how a person should never use information obtained on an Internet Blog to make life decisions. I say that you 'might' be able to re-capture ... only an attorney that looks at your papers and talks to you can make this determination. (many of use use Skype for this). Further, it may 'boil down' to filing a request to re-capture and waiting to see if CIS agrees.

Posted

I agree with Atty Capriotti.

Asker

Posted

So the recapture of the unused time will be cap exempt right? And being outside the six year window doesnt matter for recapture?

Posted

Since you left the US in 2007 and I assume you have not returned, you have more than one continuous year outside the US. You may have to file for H-1B under the 2014 cap or seek employment with a cap exempt employer.

216.861.4414
immigration@rbrownllc.com
www.brown-immigration.com

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