H1B cap exempt

[vasuabcd]

Hi

 

My H1 was filed in oct 2006...i was in USA till 2009 JUly..then i came back to India and startred working here on MNC

now i want go back to USA ....can i file my H1 under cap quota or i need to file new H1

please suggest?..is my h1 is valid for 6 yrs that mean it got lapsed in 2012?

[pontevecchio]

You can claim 3 years and one month if an employer files and gets an H1 approved at any time. If an employer files next April for a start date in October for a H1 petition subject to the cap you would be able to claim a total of 6 years.

[raj1209]

You can claim 3 years and one month if an employer files and gets an H1 approved at any time. If an employer files next April for a start date in October for a H1 petition subject to the cap you would be able to claim a total of 6 years.

Hi Pontevecchio, 

I have one query for cap exempt, in above case for example if Vasu would have came back to India in dec 2006 than is he still eligible for cap exempt . As I read in few forums and also from my Indian employer that one should be in US during the last 6 years to apply for cap exempt for remaining period of their quota. 

Please clarify.

[jairichi]

Hi Pontevecchio, 

I have one query for cap exempt, in above case for example if Vasu would have came back to India in dec 2006 than is he still eligible for cap exempt . As I read in few forums and also from my Indian employer that one should be in US during the last 6 years to apply for cap exempt for remaining period of their quota. 

Please clarify.

Yes, will be cap exempt.

[raj1209]

Yes, will be cap exempt.

Hi Jai,

Is this a legal advice or from experience. I have read posts in Redbus and other forum where Attorney is saying that it cannot be cap exempt as petition expiry is more than 6 years. Please clarify