New H1B after six years in US and 1 Year out side of India


snrv

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Hi,

 

I completed 6 years in USA on H1B and returned to INDIA on August 31, 2012. Now, I completed 1 year outside USA. If I want file new H1 now, is it come under H1B cap or not?  One of the employer is informed me, that he can file new H1B with Cap Exemption?

 

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Hi,

 

I completed 6 years in USA on H1B and returned to INDIA on August 31, 2012. Now, I completed 1 year outside USA. If I want file new H1 now, is it come under H1B cap or not?  One of the employer is informed me, that he can file new H1B with Cap Exemption?

It is a cap subject H1B petition that could be filed latest by April 2014 unless it is a non-profit organization where it could be filed anytime as it is cap exempt.

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