Would I be eligible for cap exempt H1B and clock reset to 6 years if I leave US before completing 6 years and stay outside for 1 year before applying for H1B cap exempt visa ?


acs12

Recommended Posts

I have a friend who claims that - 

1. They left the US with 1.5 years left on H1B

2. Stayed outside the US for 1 to 2 years

3. Applied for cap-exempt H1B and received H1B visa with full 6 years clock.

This means that they went through cap process only once and got more than 10 years on H1B, without any approved PERM or I-140. 

Is this possible ? 

Link to comment
On ‎2‎/‎10‎/‎2018 at 10:56 AM, acs12 said:

I have a friend who claims that - 

1. They left the US with 1.5 years left on H1B

2. Stayed outside the US for 1 to 2 years

3. Applied for cap-exempt H1B and received H1B visa with full 6 years clock.

This means that they went through cap process only once and got more than 10 years on H1B, without any approved PERM or I-140. 

Is this possible ? 

Not at all!!! H1B is allowed max for 6yrs if there is no ground for extension like I140 or LCA, after 6 years you have to stay out of the country and then again you are eligible to apply for fresh H1B (Not cap exempt) for another six years. No other work around.

Either your friend is lying or inviting a serious trouble for him.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...