cap-exempt or not?

[Avinash77]

hi guys,

I filed my H1B in April 2006, approved in July 2006 got stamped in October 2006 and was in USA from Nov 2006 to Aug 2009(did not apply for extension), then came back to my home country(India) and have been here ever since.

I want to know if I apply for H1B this year(2012) would I be exempt from the cap and can apply anytime I want before April 2013 irrespective of the cap numbers?

But if I were to apply after April 2013 the cap limit applies to me because of the 6year rule?

Would appreciate if anyone could answer. Thanks for your time.

[GCin2013]

I guess it depends on you, how you want it. You have 3 years remaining on your H1 if you want to go for cap exempt option and either you will have to go back in 3 years.

But since you have been out of US for more than a year now, you can also opt for a fresh H1, provided you are ready to wait till OCt to come back, you can reset the 6 year clock on H1.

I hope this answers ur doubt. Its entirely upto you, how you want it. Use it to your advantage after weighing both the options! One options gives you immediate entry but only 3 more years (unless your GC application is in process) and one option gives you 6 more years on H1 but you have to wait till Oct.

[ashluck]

Its upto you to decide if you want to be cap exempt or not, form I129 has to be filled accordingly.If you decide to be cap-exempt then you will get balance of 6 years but if you apply in cap limit then you will get 6 yrs again since you were out of US for more than a year.

[wiweq]

Will be cap exempt. You can stay cap exempted for 6 years stay of H1b in USA.

[Avinash77]

Thanks a lot guys, really appreciate it.