SamC Posted January 31, 2020 Report Share Posted January 31, 2020 (edited) I was in the US from Jan '11 till Dec '14. I landed on a l1B and filed for my H1 in 2014. My petition was approved and I moved to H1B in Oct '14. My petition was approved from 10/01/2014 till 03/26/2017. I moved back to India in Dec '14. I am in India since then. Can I file under Cap exemption? If yes, should I be filing before 1st oct 2020 or 25th Mar 2023? Edited January 31, 2020 by SamC Date format mistake corrected Quote Link to comment
User099 Posted January 31, 2020 Report Share Posted January 31, 2020 You are cap exempt. It's how long you are in US counts and not how long your petition was approved. Quote Link to comment
gopalakrishnach Posted January 31, 2020 Report Share Posted January 31, 2020 It looks from 10/01/2014 till Dec 14 you were on H1B. I guess any employer can file outside cap reclaiming remaining time. I maybe wrong... Quote Link to comment
adshah84 Posted January 31, 2020 Report Share Posted January 31, 2020 You can not file but your new employer can file cap exempt petition any time. Quote Link to comment
SamC Posted February 3, 2020 Author Report Share Posted February 3, 2020 Thank you for the answers, @adshah84, @gopalakrishnach, @User099. Quote Link to comment
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