H1 B Expired in 2009 can it be cap exempt?

[akhilendraverma]

I have a H1B Visa but it was expired in May 2009.It was stamped in Oct 2006 . I worked in US (Chicago) from Feb 08 to May 09 on H1B .

Now Could you please suggest if my  new H1 B is cap exempted

as it was not utilized so can be used for inter company transfer.

 

 

Is there 6 years clause that after 2012 it can not be used for H1B cap exempt?

 

 

[ge145]

the questions is are you in US since May 2009.If so, your H1b is cap - exempt

[akhilendraverma]

No I was in US from Feb 2008 to May 2009. 

[john81]

Since you were in valid h1b status within the last 6 yrs (May 09 was the date you left US)  you are cap eempt, will get whatever is left i.e 6yrs - time already spent.

[re.seeker.ggn]

To the above query....I have similar case (Visa expired in year 2009 & I never travelled on it. Also, I was in India whe I got it stamped).

 

My question is: Am I cap exempt to file a new H1B application in this year?

 

Would look ofrward to your response. It's really crucial for me to take a decision of going back or not,

 

Thanks in Advance!