H1 Cap Exempt Question...Stayed More than 1 yr Outside US

[smyqf]

Helo,

Can you help me out whether I come under H1B Quota exempt for this year to file.

Masters in US - 2007 passed out

Worked on OPT til 2010 Sep

Worked on H1B - Oct 2010 - May 2011

Stamping got rejected in Hyd, India in May 2011, so stayed in India till present - So It has been ~2 Years

Can I apply for H1B this year under quota exempt any time...meaning no need to file by this April 1st 2013?

Some People Say...I can't come under quota exempt as I stayed more than 1 yr outside US...Some People Say I come under exempt as I have Valid H1B during past 6 yrs regardless of my stay outside US...

Please comment which one is correct?

Thanks..

[JoeF]

You have a choice: You can get a cap-exempt H1 for the remainder of the H1 time, or you can get a new H1 for the full 6 years when filing under the quota.

[smyqf]

You have a choice: You can get a cap-exempt H1 for the remainder of the H1 time, or you can get a new H1 for the full 6 years when filing under the quota.

Thanks Joe...

[aspramana]

Hi,

Am I come under Cap? Here are my details.

Here are the details; Please let me know your comments weather I come under Cap or not.

I entered into US in Oct-2006 and joined in job in Dec-2006 and worked till June-2008.

I am back to India in July - 2008. My H1 expired in 2010.

Company A filed my first H1. My First H1 period was from 10/23/2005 to 10/01/2008.

I transfred my H1 to Company B after working in Company A for 3 months.

After i transfer to Company B I got H1 from 06/22/2007 to 03/15/2010.

I am in India from July 2008. Am I come under cap H-1B Fiscal Year (FY) 2014 Cap Season?

Please reply me urgently.

Regards, Sri