H1B Cap Exempt

[arpitrai]

Hi,

I am currently in US on H1b on my second innings.

I completed my MS from US in 2006 and started working on H1B on Oct 2007 (Petition Date : Sep 2007). I was here on H1B from Company X from Oct 2007 till Feb 2010. (2.5 Years).

I then relocated to India in March 2010 and joined Company Y. In July 2012 (approx. after 2 years in India), Company Y initiaed my H1B using Cap Exempt status as my previous peititon was less than 6 years old (Sep 2007 - July 2012 = 4.10 years). I got my petition and H1B stamped in India and came to US in Oct 2012.

My question is: Did I get another 6 years when I got this New H1B visa from Company Y? OR since they used the cap exempt clause from my old H1B petition, do I have "6 minus 2.5 Years with Company X = 3.5 years" left???

Please let me know.

Thanks.

[pontevecchio]

You have 3.5 years left.

[JoeF]

You can get the full 6 years only if you are abroad for a year and then get a new H1 under the quota.

[chtummala]

3.5

[t75]

I you did not go through the quota, you have only the remainder. I cannot remember when the 2013 quota was met. Since your employer did not apply until July, it is possible that they only has the remainder option.