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H1B Cap exemption query

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I would like to apply for H1 under cap exemption.


My H1b details:-


  • H1 Petition approval date date - Oct 2007 
  • H1 Petition Expiry date  - June 2010
  • I was in US on this H1 b from July 2008 to  August 2009.

Can I still be able to apply for H1 through Cap Exemption?


Please advise.


Thanks in advance.

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You should consult with an attorney on this issue - until recently I would not regard this as problematic, but it appears that USCIS has changed their policies on this (claiming cap exemption more than 6 years after being "counted against the cap", even if you haven't exhausted your 6 years of H1B time). This is an issue that's clearly in flux, and too complex to discuss adequately here....

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