H1B to H4 to H1B

[usvisa26]

Hello Everyone,

 

I have a valid H1B approval (I did not go for the visa stamping) till june 2014. I left US in april 2012, got married and came back on H4 visa in July 2013. Now I want to transfer my visa to H1. Should I wait for next april for the quota to open or would my case come under cap exemption? I worked only for 6 months on H1, due to personal reasons I had to go back to India. I read in few blogs that since I have been out of the country for more than a year my case wouldn't come under cap exemption, is that true?

 

Please help! 

 

Thanks in Advance.

[pontevecchio]

You would seem to be cap exempt for 5.5 years in total.

[usvisa26]

You would seem to be cap exempt for 5.5 years in total.

Thank you very much for your reply. Im sorry to ask you again but wanted to confirm,will being out of the country for more than one year effect  the cap exemption ?

[jairichi]

Thank you very much for your reply. Im sorry to ask you again but wanted to confirm,will being out of the country for more than one year effect  the cap exemption ?

No, not at all.