2008 H1B Cap Issue Need Help Please

[pepsipesi]

Hello,

I had an H1B issued to me by my previous employer in June 2001. I was laid-off three months later in September 2001. Since then I have remained in the U.S. on TN Visa. The current/new employer would like to sponsor me for H1B. I know that the H1B cap has already been reached for FY 2008, am I exempted from the cap since I had an H1B issued in 2001?

 

[techy2468]

i think H1B quota count is valid for six years.....so if you came here in jan 2001, its too late.......but if it was july 2001, you still have time.

 

[mukeshinmd]

H1B valid for 3 yrs but renewable for another 3 yrs

Dear Friend,

As far as my understanding is concern, the H1B is valid for three years, and you can get it renewed for another three years. However, if you still need to renew after the expiry of 6 years, then it can be renewed annually ONLY.

Check your paper and see how long was it valid. It looks to me that since you changed your status, that means, you were no longer on H1b after you filed your TN Visa and got it effected. Therefore there is no question of you re-establishing the the h1b claim based on your previous H1B.

You'd be treated as a potential H1B applicant. However, this is my personal understanding. If you would want to find out more, talk to any consulting company in your area, and they can be found at http://www.rahasiam.com

And good luck !