Am I eligible for h1b cap exempt?

USA H1B Visa
1

Dear All,

One of my friend is having approved h1b petition filed 3 years back. My friend went for stamping at that time and got h1b visa stamped too…but he didn’t travel in the past 3 years and his visa is expired. I have few questions here.

  1. Since his h1b petition is still valid for another 3 years, can he search for employers to do h1b cap exempt?

  2. since he hasn’t travelled in the past 3years, whether it will cause any problem in going for new stamping?

Pls advice and thanks for your help.

2

Can we apply Fresh H1B without a Cap?. My details below and i am in L1B right now.

If yes, within how many days I  can apply for the same.

What is Max Out Date and its importance?.

Please assist



 



Thanks,



Pranitha Rangamani



 


	
	
	
	
	


	
		
			
				 
		
		
			
				Date of Entry - US (mm/dd/yyyy)
		
		
			
				Date of Exit -US (mm/dd/yyyy)
		
		
			
				Days outside US
		
		
			
				Select the Visa Type                          (H-1B / L-1A / L-1B)
		
	
	
		
			
				1st Entry
		
		
			
				21-May-06
		
		
			
				9-Feb-08
		
		
			
				22
		
		
			
				H-1B
		
	
	
		
			
				2nd Entry
		
		
			
				3-Mar-08
		
		
			
				8-Mar-08
		
		
			
				21
		
		
			
				H-1B
		
	
	
		
			
				3rd Entry
		
		
			
				30-Mar-08
		
		
			
				4-May-09
		
		
			
				541
		
		
			
				H-1B
		
	
	
		
			
				4th Entry
		
		
			
				28-Oct-10
		
		
			
				5-Dec-11
		
		
			
				27
		
		
			
				L-1B
		
	
	
		
			
				5th Entry
		
		
			
				2-Jan-12
		
		
			
				 
		
		
			
				0
		
		
			
				L-1B
3

Fresh H1B without a Cap -> are you referring to cap-exempt petition not subject to cap? You can do that if you have not spent 6 years inside US on both L-1 and H-1 visas. This will include your entire term, UNLESS your 4th entry H-1 was subject to cap.

If you used a cap-exempt petition in 2010, then all terms are included.

If you used a cap-subject petition in 2010, then all terms from 2010 are included.