H1b under cap exempt

[san_diego]

Hi,

I came to India in Jan 2012. Went for stamping and got 221g blue. My case was sent back to USCIS for review/revocation. Still din't hear any thing back from USCIS.

My current petition is valid till Feb 2014.

Am I eligible to apply for a new H1 under cap exempt?. As per my knowledge if someone stays out of US for a period of full 1 year then he/she is not eligible for cap exempt H1b.

Out of 6 years I was in US for 3 years 11 months 15 days.

On Jan 11 2013 I will complete full one year outside US. Do I have to apply for a new petition before that?

Thanks,

San

[pontevecchio]

1. If you stay out for one year a H1 sponsor can then file a cap subject H1 in April for a start in October with a total of 6 years in H1 status. If you do not stay out for one year a sponsor can file for the remainder of your 6 years and that is not cap subject.