applying for a new hb1

[nandac]

i have worked in the usa for many years on multiple h1b in the past.

but do not have a valid h1b now. my last valid h1b was back in 2009.

will i be able to apply for a new h1b now under some category like 'cap exempted' etc, or is it all over for the year 2012 now with regards h1b ?

appreciate the feedback.

[JoeF]

It depends on how long you were on H1 before.

If you have used the whole 6 years, you can only get a new H1 under the quota, i.e., you would have to wait for next year.

If you haven't used the whole 6 years, you can get the remainder without being subject to the quota.

[nandac]

It depends on how long you were on H1 before.

If you have used the whole 6 years, you can only get a new H1 under the quota, i.e., you would have to wait for next year.

If you haven't used the whole 6 years, you can get the remainder without being subject to the quota.

but i need to have been out of the usa for less than 1 year?

[wiweq]

"but i need to have been out of the usa for less than 1 year?"

=> Yes, you know it. You are correct.

[h12345]

just read following article from USCIS website

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf

looks like its possible to apply h1b for remainder period even if we are outside of US for more than an year, please confirm

[nandac]

this seems to be an old document - 2006. not sure if it applies to the new cap exempt policy.

[pontevecchio]

That old document as you call it is still applicable. If you want reassurance talk to a Lawyer.