H-1B visa CAP exempt or Non-Exempt?

S

sivan

Registered Users (C)
Is there any document to look at whether the H-1B Visa I have is exempt or non exempt of CAP? thanks in advance for your help.
 
if you have your application packet, look at the i-129 form. There should be a tickmark next to a line saying something like the employer is exempt from filing fees or such.

I could be wrong, though.
 
mrdeeds said:
if you have your application packet, look at the i-129 form. There should be a tickmark next to a line saying something like the employer is exempt from filing fees or such.

I could be wrong, though.
Click to expand...


My I_129 form indicated everything NO under FEE exempt .
 
what about the section in i-129 which says
Part C. Numerical Limitation Exemption Information. I think that pertains to CAP.
 
Hi,
ANYone actually got H1B approved by filing under cap exempt.
My case is h1-h4 , trying to be back on h1. Quota is already reaches cap.I have heard I am cap exempt. but companylawyer keep onsaying it will not be approved as they have consistently found the INS denying the cases like this.
PLEASE HELP and REPLY GUYS!!!!
 
Hi friends,

Please help me with my case
---------------------------

I came to US for 3 months project through my Indian company which filed my H1b. Then after 3 months I went back to India and after 4 months of that, I got married and came to US on H4 status with my husband.

Now when I am in US on H4 status, I got a job offer but the company's lawyer says that they can not convert from H4 to H1. I did mention to him that I was having H1 earlier which is still valid till 20100.

Is it possible to convert from H4 to H1 without going through H1b cap???

Am I correct that he will need form 1-539 from me. PLEASE REPLY ASAP this is very urgent or I might loose the job.

PS: My H1b was valid till 2010.

amit.seh@gmail.com

-thanks a ton for help,
 
gsachin1234 said:
Hi friends,

Please help me with my case
---------------------------

I came to US for 3 months project through my Indian company which filed my H1b. Then after 3 months I went back to India and after 4 months of that, I got married and came to US on H4 status with my husband.

Now when I am in US on H4 status, I got a job offer but the company's lawyer says that they can not convert from H4 to H1. I did mention to him that I was having H1 earlier which is still valid till 20100.

Is it possible to convert from H4 to H1 without going through H1b cap???

Am I correct that he will need form 1-539 from me. PLEASE REPLY ASAP this is very urgent or I might loose the job.

PS: My H1b was valid till 2010.

amit.seh@gmail.com

-thanks a ton for help,
Click to expand...

YOu can change to H1 now, No quota issues,


(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
 
Thanks GotPR for the reply.

Is there any link on any immigration site or anywhere where this point is mentioned which I can use to convince the company lawyer.

Or is there any way in which I can convince the company lawer that this is possible.

thanks..please reply soon as it is very urgent for me....
thanks a ton,
 
The last phrase in my last post is actual word of INA regarding quota exempt.
Look up 214 (g) (7) of INA at USCIS website.
www.uscis.gov --> Law & Regulation -> Immigration and Naturalization Act --> ACT 214 ..... Keep going til 214(g)(7)
 
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