RakeshRakhi Posted December 1, 2021 Report Share Posted December 1, 2021 (edited) Hi, My 1st H1B petition was filed and approved in year 2008. I travelled to US on this petition and stayed there for 1 year and returned back to India. After couple of years, my company filed a new second H1B petition and I stayed more than 5 years in US on 2nd H1B petition. Now, Can I use my first H1B petition to try for job under cap exempt category.? It is filed and approved in 2008 and still has 5 years of period left to exhaust the limit. Can we do that.? Edited December 1, 2021 by RakeshRakhi Quote Link to comment
JoeF Posted December 2, 2021 Report Share Posted December 2, 2021 The old H1 is gone. Quote Link to comment
Zodiac System Posted December 3, 2021 Report Share Posted December 3, 2021 How many total number of years have you been on H1b? Looks like 1 + 5 = 6 years, which is the maximum limit a person can be on H1b unless they have an approved I-140. Please consult an attorney as all the details of your situation is not available here. Good Luck. Quote Link to comment
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