***Need help, applying for a new H1 under cap-exempt***


forumman

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While on OPT, my H1b got approved in March 2011 (valid till Nov 2013). I came for stamping to India in May 2011 and got a 221g and later rejected. Total stay on H1b in US is 2 months - march to may 2011. I will be cap-exempt now if I apply for a new H1 but is there any time limit for this exemption or is it for lifetime ? 

 

Also, will the unused H1b period be considered if I apply for a new H1 ?

 

Any thoughts are appreciated...

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While on OPT, my H1b got approved in March 2011 (valid till Nov 2013). I came for stamping to India in May 2011 and got a 221g and later rejected. Total stay on H1b in US is 2 months - march to may 2011. I will be cap-exempt now if I apply for a new H1 but is there any time limit for this exemption or is it for lifetime ? 

 

Also, will the unused H1b period be considered if I apply for a new H1 ?

 

Any thoughts are appreciated...

You are cap exempt. There is no time limit as per current immigration law. You will get the remainder of 6 years.

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