Visa Expired 2 years back,petition expires in 2014,H1 Out of Cap-Query

USA H1B Visa
1

Hi,

I have some query regarding the H1-Out of Cap.

I got my first H1 subjected to cap approved from December-2010 to May-2012. But I appeared for H1 stamping in August, 2011 and got the Visa valid till the expiry of my petition.

I travelled to US with the same visa in March, 2012 and extended the petition twice. Then I returned to India in May, 2013. I spent total 14 months in US. Now the latest expiry date of my petition is in May, 2014 but the Visa stamping is expired in May, 2012.

My employer is not willing to send me to US now as I need to go for stamping with a limited validity petition. They are saying, my Visa may be declined or I may face some issue at Port of Entry. So they are asking me to apply for H1-Not Subjected to Cap. I have following queries regarding it.

  1. What is the last date I can apply for H1-Out of Cap? Is it okay if I apply for H1-Out of Cap in next year?

  2. Is it possible to file an extension for a petition which I got after filing in Out of Cap?

  3. Suppose, If I get an out of cap petition but I couldn’t fly to US, is it possible to apply for H1-Out of Cap again?

  4. Is it possible for me to join another company and file out of cap H1?

Looking forward for a reply.

Thanks in advance,

Abhi

2

  1. Cap-Exempt petition can be applied at anytime (Before 6 years from intitail approval)

  2. Yes

  3. Yes, if U r in 6 years Cap-Exempt period

  4. Yes

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Hi RaNa,

Thanks for your valuable answers.

Regards,

Abhi