H1B cap exempt and getting a new H1 under cap next year


usaaspirant

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Hi ,

I worked in the US for 5 years in H1B with employer A and then came back to my home country and started working for employer B . Now i am trying to come back to the US through employer B and B is basically going to apply for a cap exempt so that i can get my 1 year back of the old H1B . I left the US almost 2 years ago and has not retured till date . So my question is , if employer B files another fresh H1B in next year under cap while i am in the US and if it gets approved before the 1 year is over with the cap exempt H1B will i be able to contiune working in the US with out coming back and remain outside the US for 1 year . Would really appreciate the answers .Thanks....

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Thanks JoeF . Can you please suggest the best route to tackle this issue if i want to continue working in the US uninterrupted . I know ifmy employer files for a GC i still can do this with old H1 , other wise if i have to come now the

only bet is L1. I do have a specific skill so i beleive i can qualify for a L1B and then apply for a H1 next year . Your

suggestions are highly appreciated ..

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Thanks JoeF . Can you please suggest the best route to tackle this issue if i want to continue working in the US uninterrupted . I know ifmy employer files for a GC i still can do this with old H1 , other wise if i have to come now the

only bet is L1. I do have a specific skill so i beleive i can qualify for a L1B and then apply for a H1 next year . Your

suggestions are highly appreciated ..

For an L1, you have to have worked for a foreign branch of the employer for at least 1 year in the last 3 years.

If you want the full 6 years on H1, you can only get an H1 for start on Oct. 1, 2012.

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Cap or cap-exempt does not matter. The 6-year limit applies to all H1s.

If you come to the US on any visa except B1/B2 for short visits before a year is over, you won't get the full 6 years. You can't even apply for an H1 before being a year abroad. That's all there is to it. There is no workaround.

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  • 11 months later...

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