sandeeprsharma Posted March 25, 2013 Report Share Posted March 25, 2013 hi all, I had my first h1-b start date in Dec 2006. I worked for 2.5 years and then was laid-off. I got another h1-b approved in april 2009 but did not take up that job and moved back to india. my question is since my first h1-b start date is more than 6 years old, am I still eligible for cap-exemption and can start working after visa approval and not wait till october. i.e. can i still use the 3.5 years of unused h1-b and avoid fresh h1-b? Please help me out with any relevant info. Thanks. Link to comment
Attorney_11 Posted March 25, 2013 Report Share Posted March 25, 2013 Generally, individuals are permitted to recapture unused remainder time on their H1B period of stay and avoid the H1B cap if they were already counted against it, pursuant to USCIS guidance and policy. Link to comment
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