H1B -- I-797B Petition Validity -- CAP exempt - Info. Required - plz

[Rapp-Chikk]

Helo Friends,

I was in US on H1B visa for 4 years and 3 months...
 
1.My first H1B stamping done on 01.Oct.2005 but traveled to US on 23.Oct.2005
I-797B Petition - Valid from 10/01/2005 to 09/30/2008 (Stayed in US)
 
2. Then I changed to another company and I have two I-797Bs as below.
1st I-797B Petition = Valid from 01/18/2007 to 01/01/2010 (Stayed in US)
2nd I-797B Petition = Valid from 01/02/2010 to 10/22/2011 (Did NOT stay in US)

I returned to India in Dec 2009 and got the VISA stamped in India....but I did not travel back to US.

Hence did not use the 2nd term petition - 2nd I-797B = Valid from 01/02/2010 to 10/22/2011.

 
Please check and let me know, if this Petition is valid (as I did not utilize that validity period from 2010 till 2011)..... and can I travel based on this / in what way I can use this VISA / is there a way I can get it active..

Can I apply in H1B-CAP exempt from my current Indian employer..
 
Please let me know if you need any more info. for verification..

 

Thanks,

Rapp-Chikk

-----------------

[sqladdict]

only stay in us under h1b counts towards 6 years cap.

[sqladdict]

even if you have valid petition and valid stamp but didnt stayed in usa on h1b..it doesnt count towards 6 years

[Rapp-Chikk]

Meaning ---- since I did not stay in US for complete 6 years.... I still have validity of 1 year 9 months.

And I can stay in US on H1B for that remaining 1 year 9 months period... right..?

Please advice...

[Pavitra]

27 minutes ago, Rapp-Chikk said:

Helo Friends,

I was in US on H1B visa for 4 years and 3 months...
 
1.My first H1B stamping done on 01.Oct.2005 but traveled to US on 23.Oct.2005
I-797B Petition - Valid from 10/01/2005 to 09/30/2008 (Stayed in US)
 
2. Then I changed to another company and I have two I-797Bs as below.
1st I-797B Petition = Valid from 01/18/2007 to 01/01/2010 (Stayed in US)
2nd I-797B Petition = Valid from 01/02/2010 to 10/22/2011 (Did NOT stay in US)

I returned to India in Dec 2009 and got the VISA stamped in India....but I did not travel back to US.

Hence did not use the 2nd term petition - 2nd I-797B = Valid from 01/02/2010 to 10/22/2011.

 
Please check and let me know, if this Petition is valid (as I did not utilize that validity period from 2010 till 2011)..... and can I travel based on this / in what way I can use this VISA / is there a way I can get it active..

Can I apply in H1B-CAP exempt from my current Indian employer..
 
Please let me know if you need any more info. for verification..

 

 

 

Thanks,

Rapp-Chikk

-----------------

hello where have you been these days ?

[noma]

2 hours ago, Rapp-Chikk said:

Meaning ---- since I did not stay in US for complete 6 years.... I still have validity of 1 year 9 months.

And I can stay in US on H1B for that remaining 1 year 9 months period... right..?

Please advice...

Yes. you can apply for remaining time capture of 6 years.

[kothibava]

3 hours ago, Rapp-Chikk said:

Meaning ---- since I did not stay in US for complete 6 years.... I still have validity of 1 year 9 months.

And I can stay in US on H1B for that remaining 1 year 9 months period... right..?

Please advice...

yes

[princeofheaven]

5 hours ago, Rapp-Chikk said:

Helo Friends,

I was in US on H1B visa for 4 years and 3 months...
 
1.My first H1B stamping done on 01.Oct.2005 but traveled to US on 23.Oct.2005
I-797B Petition - Valid from 10/01/2005 to 09/30/2008 (Stayed in US)
 
2. Then I changed to another company and I have two I-797Bs as below.
1st I-797B Petition = Valid from 01/18/2007 to 01/01/2010 (Stayed in US)
2nd I-797B Petition = Valid from 01/02/2010 to 10/22/2011 (Did NOT stay in US)

I returned to India in Dec 2009 and got the VISA stamped in India....but I did not travel back to US.

Hence did not use the 2nd term petition - 2nd I-797B = Valid from 01/02/2010 to 10/22/2011.

 
Please check and let me know, if this Petition is valid (as I did not utilize that validity period from 2010 till 2011)..... and can I travel based on this / in what way I can use this VISA / is there a way I can get it active..

Can I apply in H1B-CAP exempt from my current Indian employer..
 
Please let me know if you need any more info. for verification..

 

 

 

Thanks,

Rapp-Chikk

-----------------

bro use ms excel and count your days present physically in USA and if it is less than 2190 days then you are cap exempt else you come under cap..

[Rapp-Chikk]

Friends,

My current employer is saying that - my previous Petition (which i did not use / did not stay in US - 01/02/2010 to 10/22/2011) is almost 6 years old... and hence I will not be able to use it and so can not come in H1B cap exempt.

Please suggest if I can contact any attorney for this - for better and correct clarity and then I can strongly argue with my current employer travel desk team.

Please help..

[ceelogreen]

contact attorney

[acuman]

On 9/21/2016 at 1:42 PM, Rapp-Chikk said:

Helo Friends,

I was in US on H1B visa for 4 years and 3 months...
 
1.My first H1B stamping done on 01.Oct.2005 but traveled to US on 23.Oct.2005
I-797B Petition - Valid from 10/01/2005 to 09/30/2008 (Stayed in US)
 
2. Then I changed to another company and I have two I-797Bs as below.
1st I-797B Petition = Valid from 01/18/2007 to 01/01/2010 (Stayed in US)
2nd I-797B Petition = Valid from 01/02/2010 to 10/22/2011 (Did NOT stay in US)

I returned to India in Dec 2009 and got the VISA stamped in India....but I did not travel back to US.

Hence did not use the 2nd term petition - 2nd I-797B = Valid from 01/02/2010 to 10/22/2011.

 
Please check and let me know, if this Petition is valid (as I did not utilize that validity period from 2010 till 2011)..... and can I travel based on this / in what way I can use this VISA / is there a way I can get it active..

Can I apply in H1B-CAP exempt from my current Indian employer..
 
Please let me know if you need any more info. for verification..

 

 

 

Thanks,

Rapp-Chikk

-----------------

No. out of 6 yrs rule.

try oka raya veyyi

[princeofheaven]

27 minutes ago, Rapp-Chikk said:

Friends,

My current employer is saying that - my previous Petition (which i did not use / did not stay in US - 01/02/2010 to 10/22/2011) is almost 6 years old... and hence I will not be able to use it and so can not come in H1B cap exempt.

Please suggest if I can contact any attorney for this - for better and correct clarity and then I can strongly argue with my current employer travel desk team.

Please help..

ask your laffoot employer to file, if USCIS determines not cap exempt they will return petition with filing fees..

[Rapp-Chikk]

ltt

[Guest Mod_G_TomB_Sulle]

On 9/21/2016 at 1:42 PM, Rapp-Chikk said:

Helo Friends,

I was in US on H1B visa for 4 years and 3 months...
 
1.My first H1B stamping done on 01.Oct.2005 but traveled to US on 23.Oct.2005
I-797B Petition - Valid from 10/01/2005 to 09/30/2008 (Stayed in US)
 
2. Then I changed to another company and I have two I-797Bs as below.
1st I-797B Petition = Valid from 01/18/2007 to 01/01/2010 (Stayed in US)
2nd I-797B Petition = Valid from 01/02/2010 to 10/22/2011 (Did NOT stay in US)

I returned to India in Dec 2009 and got the VISA stamped in India....but I did not travel back to US.

Hence did not use the 2nd term petition - 2nd I-797B = Valid from 01/02/2010 to 10/22/2011.

 
Please check and let me know, if this Petition is valid (as I did not utilize that validity period from 2010 till 2011)..... and can I travel based on this / in what way I can use this VISA / is there a way I can get it active..

Can I apply in H1B-CAP exempt from my current Indian employer..
 
Please let me know if you need any more info. for verification..

 

 

 

Thanks,

Rapp-Chikk

-----------------

what is your question now in 1 line

[Rapp-Chikk]

9 minutes ago, Mod_G_TomB_Sulle said:

what is your question now in 1 line

As per couple of people - out of 6 years of H1B-term,,,, I have stayed only 4.2 years...

So, I still should have 1year and 10 months open...( I did not use the 2nd term petition - 2nd I-797B = Valid from 01/02/2010 to 10/22/2011)

and its been almost 6 years I came back to INDIA (Dec 2009)

So, even after 6 years - now, can I apply for my H1B in cap exempt..(instead of regular lottery process)....? and will I get a new H1B petition with new valid period from USCIS...?