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mirakkel6

Validity of cap count

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Dear Members,

This time, I am posting a question on behalf of a friend of mine.

My friend had got an H1-B approved back in 2007, but never used it. Later he had joined a PhD program, graduated last year and currently he is on OPT STEM extension. He can work for any e-verified employer, but if he wants to work for others, he needs a visa.

Now, the H-1B cap was reached on June 11. The question is if some (non-e-verified) employer wants to sponsor an H-1B for my friend, most probably he can still do so, right? I am concluding this since my friend had already been counted against the cap earlier.

Would someone of you kindly confirm?

Best regards,

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A person who has been counted for the quota in the last 6 years is not counted again.

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Dear Members,

In the H-1B context, I have read somewhere that

"Where the beneficiary has been counted against the quota during the past six years, and never been out of the US for more than one year during the past six years, a petition is exempt."

I believe this is still true.

However, I do not have any OFFICIAL reference. It would be great if someone kindly mentions the OFFICIAL source of the above information.

Best regards,

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I suspect you are referring to the fact that if you have not left the USA for one year you can claim the remainder of your 6 years at any time not subject to cap. If you have left for more than one year you can claim the remainder of your 6 years at any time and subject to cap or have a fresh H1 petition filed but subject to cap which starts from October,1 and gives you back a new total of 6 years.

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Thanks a lot, Pontevecchio. It would be great if you can kindly cite some standard reference, which I can quote. I really need the documentation.

Best regards,

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@pontevecchio and @mirakkel6:

many thanks, this is very useful, was looking for this information for a long time !!

hope this information is valid today as well

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