H1B -> Outside US -> H1B -> Cap?


raghumamadgi

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I received my first H1B in Jan 2005. I worked until Apr 2008 (3 years 3 months) and left US. Can I file H1B now in Dec 2011 to use the 2 years 9 months that are remaining from 6 years limit, without being counted towards CAP again?

I have seen lot of threads where it says one who has been counted against the H1B cap within the last 6 years should be able to file a new H1B cap-subject case without being counted against the cap.

In my case the H1B was received on Jan 2005 which is about 6 years 10 months back. Am I still eligible to file a new H1B based on the cap-subject of Jan 2005?

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