H1b Cap-exempt query


nshah

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Hello,

I have Cange status from F1 to H1B in OCT- 2014 worked on H1B till OCT 2015(1yr) then went to India and came back on H4 in Nov-2015 since then I am working on H4-EAD in US. Now I would like to re-Initiate my H1B through new employer in cap exempt to utilize remaining 5 yrs of H1B.

my question is am I eligible to file H1-B in cap exempt to utilize remaining 5yrs?

note: I never had H1B stamping done on my passport but I have previously approved I-797. does it required to have H1B stamping on passport to file in H1B cap exempt?

 

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