omshiv Posted March 18, 2013 Report Posted March 18, 2013 If someone had H1B 10 yrs back and they used only 2 yrs of their H1B...would they be Cap Exempt? or they would need to file for H1B in April.
JoeF Posted March 18, 2013 Report Posted March 18, 2013 The USCIS memo http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf would seem to allow a cap-exempt filing in such a case.
pontevecchio Posted March 19, 2013 Report Posted March 19, 2013 What are you trying to do? Cause a ruckus? Since it clearly does not apply to you I will say that it would be in the interest of the person to get CAP SUBJECT h1 FOR 6 YEARS THOUGH THEY ARE ENTITLED TO THE REMAINDER OPTION as per existing law.
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