H1B Transfer - 1 year Stay in India - New CAP???


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Hi All,


I came to US in Jul 2007 from Compnay A and left to India on 01-Jan-2010. My H1B was extended in US and was valid till Nov 2011.


In india i switched to Company B in Nov 2010. And started my H1 transfer from Company A to Company B in Dec. (I'm not sure, when exactly they files it to USCIS)


My VISA was approved in Jan 2011 and cam to US from Company B in Mar 2011.


I would like to know if my VISA transfer happened under New quota or not? i.e. Am i going to get 6 years on my VISA or not?


In order to verify this what all documents i should check and what all things to look for?


My I-129 from Company B shows the Date as Jan-07-2011 and on I-129 Data Collection form, in PART C, the first checkbox is selected, for the question


"Specify how this petition Should be counted against the  l B numerical limitation (a.k.a. the H-IB "Cap"). (Check one):"

"CAP H-iB Bachelor's Degree"


Does this mean my VISA transfer happened under new H1 quota?



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Generally, an individual must be outside the U.S. for one full year in order to be counted against the H1B numerical quota again. If you meet the 1 year requirement but did not use up the 6 years of H1B time from the first time you were counted against the cap, you have the option of filing as a cap case or to request the time left from the original 6 years. You should check with the attorney and employer that filed the petition to determine whether or not it was filed as a cap case. This could also be determined by checking if the cap was still open on the date it was filed.

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