H1B non Cap applicability


sara84

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Hi
I am currently on H1B and It is extended till May 2018 (final extension as I am maxing out). Now I am planning to move back to India next year. But I heard that if I move back in 2017 I will be applicable for Non CAP H1B next time when I come to USA since I get a break out of my US salary. Can you please help me to know about this.

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On ‎5‎/‎1‎/‎2017 at 6:54 PM, sara84 said:

Hi
I am currently on H1B and It is extended till May 2018 (final extension as I am maxing out). Now I am planning to move back to India next year. But I heard that if I move back in 2017 I will be applicable for Non CAP H1B next time when I come to USA since I get a break out of my US salary. Can you please help me to know about this.

Non cap is to recapture remaining years of max out years (6 years). To avail new 6 full years, you should stay out of US for 1 year at least and then file a CAP H1 through lottery. If you had I140 approved, then you can be cap exempt new H1.

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