I got my H1B visa stamped from Chennai during Oct 2013 and its valid till Sep 2016 ie 3 years. Iam currently staying in Dubai and planned to shift to USA and it didnot work out this year for personal reasons.My H1B is unused and i didnot make even single visit with H1B visa.
However i have plans to try shifting to USA after an year ie during 2015. Here are my 2 questions
Am i eligible for cap exempt till Sep 2019 although my stamping is only till Sep 2016 ?
My sponser in USA might cancel my visa as i didnot travel and will it affect the H1B cap exempt ? Iam holding the original petition
What i have understood from others post is that once a person is stamped H1B visa, he’s eligible for cap exempt for 6 years from the visa start date irrespective of whether he travelled/not or sponser cancelled the visa/not.
Case Summary:
• Completed MS from XXX in Dec 2008 (“Attached MS”).
• Later joined in Tri-valley University to do the PH.D and opted for CPT in Jan 2010.
• While I was in CPT, started working on legal status and my old employer (XXXXXXX) filed H1B on Jan 10th, 2011 under MS quota.
• My Petition number # XXXXXXXXXXX (filed under 2010 H1B Quota)
• After H1B was filed, the School was closed and petition has changed to premium processing from normal.
• Received RFE based on Tri-Valley issue and answered with all supporting documents by old employer .
• The petition was approved in Mar 29th, 2011 with immediate I-94 expired status since the school was closed.
• Return to India for stamping on Apr 22nd, 2011.
• I went for stamping on Apr 28th, 2011 the case has been kept on hold under 221g administrative process.
• Received letter from US consulate Hyderabad on Jul 7th, 2011 stating that VISA has been rejected under employee-employer relation.
• Later my old employer sends all the supporting documents to consulate for the second time proving that we have a good employee-employer relationship, but we never heard anything back from US Consulate/USCIS.
• As per the suggestion from old employer went for stamping on the same petition for second time and received the letter from US Consulate stating that they were not able to take the decision since the case has returned to USCIS for review.
• The current petition status in USCIS web site is still showing it has pending for post decision activity.
Also in the letter from USCIS there is a below warning:
• WARNING: IF YOU FAIL TO TAKE THE ACTION REQL’ESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENI,AL UNDER SECTION 22I(e) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE REFUSAL DATE, SECTION 203(g) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED.
My questions here is,
Am i can go with the existing H1B renewal with the new employer to avoid cap exempt, if yes what are my chances.
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