Can I apply for new H1b now under CAP Exempt now even after quota is over?

[lukky]

Hi,

My H1b Visa has been rejected in February and VO said that my petition will be sent back to USCIS for review. I came out of USA on Feb 5^th. My job with the client is over due to this wait time.

USCIS didn’t receive my petition yet as of today.

My Case status on USCIS website shows “Your petition was approved on July 2011” - which is old status.

My question is

1)What will be my case status from USCIS perspective? Valid or Under review?

Got this from internet (various immigration websites):

http://www.visapro.com/Immigration-Articles/?a=1090&z=48

"H1B Cap Exempt Beneficiaries: Even after the H1B cap is reached, visas will still be available for applicants filing for amendments, extensions, and transfers, unless they are transferring from an exempt employer or exempt position and were not counted towards the cap previously; i.e., if you have been counted once you will not be counted a second time. Accordingly, USCIS will continue to process petitions filed to:

• Extend the amount of time a current H1B worker may remain in the United States.
  
• Change the terms of employment for current H1B workers.
  
• Allow current H1B workers to change employers. Note: It does NOT include workers who currently hold H1B status in a cap-exempt job, such as a faculty or researchers at a university or government research institution, or physicians at teaching hospitals (see below).
  
• Allow current H1B workers to work concurrently in a second H1B position.
  

The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US."

2)According to the statement above am I Eligible for Cap Exempt? Can I apply for new H1b from new employer now, even after H1b Quota was filled for this year on june 11^th 2012 for India?

[sujathaseattle]

if some one spents time more than one year outside US, is it possible to apply for cap exempt h1b?

[pontevecchio]

If USCIS Reaffirms this petition in usually 9-12 months you can then have another sponsor file a H1 not subject to the cap.

[VisaBlues]

@dynamox if you have worked atleast 1 day in your h1b period last time you are in USA you are always eligible for cap exempt new peteion