H1B expired in2009. Stayed in USA june 2009 to Sept 2009. No extention filed. Can Employer B file under CAP exception? OR Can apply for fresh H1 this year? I habe resigned Employer A in 2011. I am.in india now.
U are Cap-Exempt… U can find an employer who can file a cap-exempt petition for U
Are you sure? I found an employer, but they said I am not CAP exempt, because My visa stamped 2006 and 6 years is over. They are going to apply for fresh CAP this year. Please suggest can i go for CAP also? if lottery not pick up, can i go for CAP Exempt. Please give your suggesstion asap.
Sorry… U r not cap-exempt. I thought U got an approved petitioned of 2008 or 2009…
How this 6 years is calculated? stamping date OR date entered in USA?
I read in some other posts of your Date entreed in USA. If this is Yes, I entred USA in 2Feb 2009. Exit from USA 28 April 2009.
Please confirm I am CAP excempt?
Its counted from the date of approval, see i797 doc for the date
My understanding is little different.
If the person has never travelled to US, then 6 year period is from the original H-1 approval date.
If the person has travelled to US, then 6 year period is from the date of last leaving or H-1 petition approval date, whichever is later. So if you left US in 2009, this means you were last in H-1 status in 2009 and you should be eligible for cap-exempt petition until 2015.