H1 Quota Exempt or not?Urgent :(

R

Ron80

New Member
Hello Rajiv,

I could not join the conference this thursday though I had posted my question. I am posting it again here. Can you pls advice on this ? Would be a BIG help to decide what my next step should be and take appropriate action.

Thanks.


Hi Rajiv,

I was issued an H1B in 2004 by an IT Major (subject to the annual H1B quota Cap). It was stamped on my passport, but I never entered the USA using the H1B.It expired in 2007 and I did not extend it.

I entered US on H4 in sep2008 and now I intend to change my status to H1B.

*Can I file for COS and a new non-quota H1B application rightaway (since I have been in the quota count once in 6 years?)

*or do I have to file for a fresh new H1B subject to the 65,000 quota cap in April? (Since, I am not sure if I am quota exempt with the 6 year clause, bcos I never entered the US immediately after the H1B was stamped in 2004.)

My Employer is also in a confusion wether to apply for non-quota H1B rightaway or to wait for April to file through the 65,000 Cap.

Doing both simultaneously would be a financial burden on my employer and they would like to go through only one option. Also, would applying simultaneously for both quota and non-quota be legal?

Kindly advice. I am not confident of getting another project/sponsor in this economy and desperately want this to work.

Thanks a lot!
 
Thanks for your clarifications and details Rajiv, I just listened to the recording and it's been quite helpful in planning my next steps.

Also apologies for posting this question a multiple times.

Thanks again!
 
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