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super3

Is my H1 petition subject to cap?

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Hi,

I had H1-b visa between Oct 2006 to May 2009. I was in US between Jun 2008 to Nov 2008. After that I went back to India and my H1 expired. Now if I want to apply for a new H1-B petition will it be subject to cap?

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Generally, individuals are only subject to the numerical H1B quota one time during their initial six years of H1b time. Time spent abroad does not count towards the eligible six years. If the individual has spent at least one full year outside the U.S. s/he generally has the option to either use the time remaining from the initial six years or be subjected to the numerical cap again. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and to determine whether you will be subject to the H1B quota.

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