Will I come under H1B CAP Exempt?


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Hi All,

I was working in USA on L1B visa from 2010 June till Dec 2011 (18 Months - L1B).

Then I got my first H1B in Jan 2012 and started working on H1B. (20 Months - H1B - 1st employer)

August 2013, I went back to India and re-entered USA and Changed employer with new approved I797 & worked from November 2014 till June 2015. (8 Months - H1B - 2nd employer).

Total L1B+ H1B (2 employers) = Exactly 4 years (46 months) worked in USA for different clients and with different employers.

Latest I797+I94 petition which was approved (Nov 2014 till June 2016) but was revoked in June 2015 as I decided to go back to India in June 2015.

1. Do I still come under CAP Exempt right now (2018) based on the above details?

2. Can I still use or apply for new H1B - left over 2 years (out of total 6 years)?

3. I have an employer who is offering me a job in USA and ready to file for H1B under CAP exempt now (March 2018), So, is it advisable to go for New H1B in April 2018 (with lottery system) for new 6 years (3+3) or take chances with CAP Exempt for rest 2 years with 140 in mind?

Any of your inputs or suggestions will be of great help. Thank you so much in advance for your time in reading this.

USA actual working dates:

L1B - June 2010 till Dec 2011

H1B (1) - Jan 2012 till August 2013

H1B (2) - Nov 2014 till June 2015.

-- Mohan

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