H1B - India trip for 1.6yrs + H4 => now want to shift to H1B

[archankr]

Hi, I worked for company X in US for 2 and a half years from 2007 to 2009 - this was after I completed my MS in US. I had to go to India for personal reasons. I worked for company Y in India for 1.5 yrs and I am back now on H4 visa. Company Y is willing to give me a short term project for 9 months.

I know that the H1B cap for FY 2012 has been reached. I was wondering if I can be exempt from this cap as I heard that those who previously held H1Bs can choose to be exempt from cap if they choose to use the time remaining on the H1B. I used only 2.5 yrs of the 6 yr on the status

Below is the quote from a Murthy.com FAQ:

"Individuals who previously held H1B status in the last six years, and subsequently left the U.S. for at least a year, generally have the option of either using the time remaining in H1B status without being subject to the cap or applying for another six years of H1B employment subject to the cap."

Is this true?? Are there nuances that I am missing out??