H1B cap exception eligibility question, please help.


PorcupineTree

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Hello all,

 

Here is my situation...

I had H1B visa and worked in US for 1.5yrs. I returned to India in June 2012 thinking I would travel back to US before my VISA expires and file an extension. As per plan I got my VISA stamped in Sept 2012 but could NOT travel back to US and my VISA got expired on Oct 25th 2012. 
 
So now I'm planning to try for H1B under cap exempt...
 
1) Am I eligible for cap exemption? if yes...
2) Can I file my H1b Cap Exempt from a new/different employer? 
 
Pls help. Thanks
 
 
 

 

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Hello all,

 

Here is my situation...

I had H1B visa and worked in US for 1.5yrs. I returned to India in June 2012 thinking I would travel back to US before my VISA expires and file an extension. As per plan I got my VISA stamped in Sept 2012 but could NOT travel back to US and my VISA got expired on Oct 25th 2012. 
 
So now I'm planning to try for H1B under cap exempt...
 
1) Am I eligible for cap exemption? if yes...
2) Can I file my H1b Cap Exempt from a new/different employer? 
 
Pls help. Thanks

 

1. Yes.

2. Your new employer can.

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