H1 B cap exempt ?

[justdoit_9]

Hello,

I have done my Masters in US. I think worked on OPT for a year.

Here is my H-1B info:

Issue date : Jun 1st 2006

Expiry date : 03 Aug 2008

Employer : Company A

Extension:

Issue Date : Jul 31st 2008

Expiry : 30th Oct 2009

Employer: Company B

Extension:

Issue date : Feb 19th 2009

Expiry date : 21st Aug 2012

Employer: company B.

I had to come off from US due to personal reasons in Oct 2012. I am now planning to come back to the US. I know that my company B must have cancelled my H1 as per the rules.

I tried to contact a few consultancies and they mentioned that I would come under cap exempt. Is this true? Is this because my visa stamping date is still valid or how. If I really do come under cap exempt by when can I apply for H1.

Question 2: Will the new H1 that i get or the h1b transfer I get will they count the out-of-country period or will it be a fresh 3+3 yrs ?

Please advice..

Thank you

[wiweq]

I tried to contact a few consultancies and they mentioned that I would come under cap exempt. Is this true? Is this because my visa stamping date is still valid or how. If I really do come under cap exempt by when can I apply for H1.

=> You have total 6 years cap exempted years to stay in USA on H1b status. Now calculate yourself how many years did you complete? If you have spent one year out of USA in stretch, you are entitled for a fresh 6 years quota.

Question 2: Will the new H1 that i get or the h1b transfer I get will they count the out-of-country period or will it be a fresh 3+3 yrs ?

=> You are out of USA; you are on no US status.