H1B cap exemption question


test1001

Recommended Posts

I had an H1 which has been expired now, with the following time lines:

1. H1 petition approved in Sep 2005 till Sep 2008

2. Went to US from Feb 2006 till Jul 2006

3. Went back to US during Jun 2007

4. Applied for an extension in May 2008, got H1 extended till May 2011.

5. Returned back to India during Jan 2010 and since then in india.

Now that the visa is expired, a different employer wishes to apply an h1 for me now (Nov/Dec-2011). Would I be elligible for a cap exemption considering the fact that i have used not more than 4 years of the 6 year span, It is almost 20 months since my return back, and my ex-employer got my visa-stamp cancelled and took away the petition papers (I do have a copy though)?

Thanks,

Link to comment

Generally, once an individual has been counted against the numerical cap and spends at least one full year outside the U.S. s/he has the option of requesting the remaining time left on H1B or being counted against the numerical H1B cap again. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case and the different options available to you.

Link to comment

Archived

This topic is now archived and is closed to further replies.