Question on cap exempt criteria for H1B

[gmuslglqs]

I am on H1B visa currently and have used the H1B for around 3 years. Now if I take up an offer with one international organization, I would need to switch to G4 visa. If after few years I want to switch back to H1B for the unused 3 (total 6 minus used 3) years, would I qualify as cap exempt? Is there any time limit from the last day of work on H1B, by when the switch has to be made?

[Ask@Murthy]

You will be CAP exempt and can apply for rest of the 3 years. I don't think there is a time limit as I was able to recapture my 2 years in 2015 where my first approval was on 2007.

[gmuslglqs]

On 3/20/2017 at 0:23 PM, Ask@Murthy said:

You will be CAP exempt and can apply for rest of the 3 years. I don't think there is a time limit as I was able to recapture my 2 years in 2015 where my first approval was on 2007.

When was the last time you were in H1B before filing for CAP exempt? I am seeing in multiple places that to qualify for cap exempt, the filing has to be done within six years from the last h1b status. Also I have I-140 approved - would that also qualify me as cap exempt regardless? Or would the I-140 get cancelled because i am moving to G4?

[JoeF]

The general rule is that if you were in H1 status no longer than 6 years ago, and haven't used the full 6 years, you are cap-exempt for the remainder time.