Am i Eligiblae for H1B cap exemption

[angu_vir]

Hi All,

I got my 1st H1B in 2006 for employer A, i enetred US in Jan-2007 with that H1 for Employer A.

I transfered my H1 to Employer B in 2008 and I got 2nd I797 for Employer B after H1B transferd from 2008 till March -2011. In between in 2009 i came to Indian and continue with Employer B from 2009 till date, if i want to come back to Us will my H1b will come Under H1B cap Exemption ? if yes then please let me know the valid doc to present to my employer to prove that my H1B still come under H1B cap exemption.

Also wanted to know that if my Employer B want to file my H1b under Exemption then please let me know the procedure and time line to get my visa approved.

Thanks in advance.

[angu_vir]

All Experts,

Thanks in advance, request you all to please look into this post and reply.

[pontevecchio]

How many actual days were you working in the USA in H1 status?

[angu_vir]

in total i was in US for H1b for 2 years, kindly advice here

[pontevecchio]

Any potential H1 sponsor would need to file and get a h1 PETITION APPROVED FOR YOU.

[angu_vir]

Thanks for your reply, but can you advice will my case comes under H1B cap Exemption, and is there any different path to got for the Exemption or its normal process of applying H1B.

While applying for H1B exempt do my employer need to mention anything.

[pontevecchio]

You will be cap exempt for the remainder of your total of 6 years based on being cap counted. It is your employers problem. Send them the previous approval if they want.