h1b in year 2000 and year 2013 CAP exemption

[doubtfeb2013]

Hi,

I had been in US in H1b which is valid from july 2000 and oct 2002, i stayed in US only 14 months (Aug 2000 to Nov 2001) and came back to india. Now in year 2013 I am going to file fresh H1b visa. Can I be part of H1b CAP exemption ? or I have to be part of 65000 visa in 2013 Apirl ?

advanced thanks

[JoeF]

That's too long ago.

And you don't file an H1, a prospective employer does. It would be under the quota.

[t75]

You will get 6 years if you go through the quota again and only the remainder of the 6 years if you do not.

[john81]

You may or may not be able to use the "remainder option" (cap-exempt)

Some attorneys/learned people say

1. The remainder option has no constraint. As long as you have some time left on the previous h1 , you can keep filing for the remainder option

2. No, you can only file the remainder option as long as you have been in h1b status within the last 6 yrs , which you do not satisfy anymore

Check with a lawyer and see what he says...