H1B cap exempt question again


iandc

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My prospective employer says that I am not eligible for the cap-exempt as I have used my H1B for more than 6 years (actually 7.5 years), also now that I'm out of country and not in H1B status anymore. I was hoping that I can avoid the new cap as I have an approved I-140 NIW self petition.  Please clarify.

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The employer is saying that they have consulted their attorney and it's the attorney who said that I am not eligible for H1B cap exempt even though my I-140 is approved as  I have used my H1B for more than 6 years (actually 7.5 years), also now that I'm out of country and not in H1B status anymore. I have never heard of this. Anyone please suggest.

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