Cap exemption


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Hello,

I worked on H1B for a couple of years long time ago (over 6 years). I had left the US then and never returned there.

Now, I would like to apply for H1B again - this time with another employer. Would I be eligible for cap exemption?

If yes, does it mean I can apply anytime rather than on April 1? If no, can I re-use my MS degree to reapply under the Advanced degree quota on April 1 2014?

Regards,

Wishwas

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Hello,

I worked on H1B for a couple of years long time ago (over 6 years). I had left the US then and never returned there.

Now, I would like to apply for H1B again - this time with another employer. Would I be eligible for cap exemption?

If yes, does it mean I can apply anytime rather than on April 1? If no, can I re-use my MS degree to reapply under the Advanced degree quota on April 1 2014?

Regards,

Wishwas

Yes, you are cap exempt.

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Hello,

I worked on H1B for a couple of years long time ago (over 6 years). I had left the US then and never returned there.

Now, I would like to apply for H1B again - this time with another employer. Would I be eligible for cap exemption?

If yes, does it mean I can apply anytime rather than on April 1? If no, can I re-use my MS degree to reapply under the Advanced degree quota on April 1 2014?

Regards,

Wishwas

 You are eligible for cap exemption. Yes your employer can apply anytime.

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Hello,

I worked on H1B for a couple of years long time ago (over 6 years). I had left the US then and never returned there.

Now, I would like to apply for H1B again - this time with another employer. Would I be eligible for cap exemption?

If yes, does it mean I can apply anytime rather than on April 1? If no, can I re-use my MS degree to reapply under the Advanced degree quota on April 1 2014?

Regards,

Wishwas

Yes ..you are cap exempt provided you have not used the full 6 years last time.Any employer can file a cap exempt petition for you and you will get 6 years minus the time spent....

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Hello again,

As is often the case, there's something to make it a bit more complicated - I am eligible to apply for another country's citizenship and I am interested in doing so.

Please could you advise its impact on my H1B chances, considering my case as described in the 1st post?

Which of the following that I could think of is a sensible option:

a) Apply for H1B on my current nationality. After its approval, then apply for new citizenship, file for H1B adjustment and then go for stamping?

b) Apply for H1B on my current nationality. Go for stamping. Apply for new citizenship, find a way to transfer the visa onto my new passport?

c) Apply for new citizenship and then apply for H1B - not sure if this means I will be subject to quota. If I go down this route, does that 2 years I'd spent on H1B in the past not amount to much and I'd have to apply on April 1 like a brand new application?

Are there options you're aware of?

Regards,

Wishwas

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