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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10898
Experience:  Write FOR JAMES to get my help!
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H1b Expired in 2008, extensuion field and approved, but left

Customer Question

H1b Expired in 2008, extensuion field and approved, but left USA to India, total stay in USA 3 years. Can a fresh CAP exempt petition be filed by some other employer for remaining 3 years.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. And you are the only person who can help me get credit by giving me a positive rating before leaving this site today. So please do not forget to do that.
Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of your question and I will be sure to answer your questions as your personal Expert.
When was the last time you were counted toward the H1B cap?
How long were you outside the US?
Customer: replied 1 year ago.
2003
Customer: replied 1 year ago.
the visa issue date is 2003
Expert:  Expert James replied 1 year ago.
There was a second question as well. How long were you outside the US?
Customer: replied 1 year ago.
I was in US in 2005 last. After that I had been outside us till today, except two B1 visits
Expert:  Expert James replied 1 year ago.
OK thank you. Kindly remember to rate my customer service before leaving the site. Otherwise, I do not get credit for helping you with this, and like you, I want to be rewarded for my efforts.
QUESTION: Can a fresh CAP exempt petition be filed by some other employer for remaining 3 years.
ANSWER: Yes, a cap exempt H1B can be filed in this scenario, but you will be admitted for the time remaining on the original 6 years. You cannot get a "fresh" 6 years unless you are willing to be subject to the cap again.
I know these issues can be confusing. If you want to talk on the phone for a fee, I can send you an offer for that.
I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.
REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.
Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.
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If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.
Thank you!
Expert:  Expert James replied 1 year ago.
Hi again,
I think we are experiencing some technical issues. I received a message that you reviewed my response and have responded. But I cannot see that response above.
Please post it again, so I can continue to help you.
Thank you!
Expert:  Expert James replied 1 year ago.
Sir/Madam,
I am not sure what is going on. I am receiving notifications that you are responding, but I don't see them above. Are you responding? If so, please try to post your response again, so I can continue to help you and we can close this conversation with a rating. Thank you!
Customer: replied 1 year ago.
Hi Sir, Than you for your answer, I am discussing with my colleagues as well and will let you know of any further queries.
Expert:  Expert James replied 1 year ago.
OK, but please help make sure I get credit for doing my job. Otherwise, it is as if I am not working at all, which I am sure you understand is not the best outcome for me. Thank you!
Expert:  Expert James replied 1 year ago.
Hi again,
I think we are experiencing some technical issues. I received a message that you reviewed my response and have responded. But I cannot see that response above.
Please post it again, so I can continue to help you.
Thank you!