Question about H1B Cap

[wiscan]

I've a question which is H1B cap related.

I have an approved H1B valid from Oct 1st, 2007 to Sep 30th, 2010.

However, I did not use this as I continued working outside of US.

As I'm now interested in scouting for H1B employers in the US, I wanted to find out if a new H1B for me would count against the cap or not, considering that I do have an approved H1B from 2007. Meaning am I H1B "Cap exempt" and if so, until when? Please advise.

[JoeF]

If you have been counted for the quota in the last 6 years, you are not counted again. However, if you have been outside the US for one year, you have the option of getting counted under the quota, which then would give you a full 6 years.

[livliv]

Yes, you will be cap-exempt. USCIS considers all approved petitions within the last 6 years to grant cap-exemption.

[wiscan]

Thanks JoeF and livliv for your responses. Appreciate your taking the time to respond to my query!!!

Can you please let me know until when I'll be continue to be cap-exempt.

Here's my situation:

I have an approved H1B which is valid from Oct 1st, 2007 to Sep 30th, 2010 with receipt date as April 23, 2007 and notice date is July 13, 2007. Which date is used as the basis to calculate 6 years cap-exempt duration. Please advise!!!

[wiscan]

Can somebody please respond to my query:

Can you please let me know until when I'll be continue to be cap-exempt.

Here's my situation:

I have an approved H1B which is valid from Oct 1st, 2007 to Sep 30th, 2010 with receipt date as April 23, 2007 and notice date is July 13, 2007. Which date is used as the basis to calculate 6 years cap-exempt duration. Please advise!!!

[livliv]

2007 + 6 = 2013

[wiweq]

"I have an approved H1B which is valid from Oct 1st, 2007 to Sep 30th, 2010 with receipt date as April 23, 2007 and notice date is July 13, 2007. Which date is used as the basis to calculate 6 years cap-exempt duration. Please advise!!!

"

Start of validity date.

[wiscan]

Thanks for your responses livliv and wiweq

[wiscan]

I have a question regarding this below statement:

If you have been counted for the quota in the last 6 years, you are not counted again. However, if you have been outside the US for one year, you have the option of getting counted under the quota, which then would give you a full 6 years.

In my case, I have an approved H1B valid from Oct 1st, 2007 to Sep 30th, 2010.

However, I did not use this as I continued working outside of US and in-fact I still live outside of US.

I understand from the responses above that I'm cap-exempt for 6 years.

If I have an employer who's willing to file my H1B in 2013, what will be duration of the new H1B (meaning is it for 6 years) if I'm cap-exempt.

[livliv]

If filed under previous cap, you will get 6 years minus time spent in the US in H1/L1 status. Also, immediate start date can be requested even if cap is not open.

If filed under new cap, you will get fresh 6 years.