Am I eligible for a non-cap H1-B (for 6 years)?


santoshh

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Hi,
I am an Indian citizen. I was in USA for almost six years on H1-B and returned back to India on Apr 6, 2013 . My H1-B expired after all the recaptures on Apr 11, 2013. My PERM application was filed by my employer on Jan 30, 2013 . It is in audit. On Jan 30 2014, I would become eligible to apply for a non-cap H1-B since my PERM application would be pending for more than 365 days, but this H1 would be valid only for 1 year. I would also complete 1 year outside USA on Apr 6, 2014 and hence would also be eligible to apply for a fresh H1-B(capped). Could you please let me know if I can be considered for the fresh H1 applications that my employer would be filing on Apr 1, 2014? Would I be eligible for a non-cap H1-B (for 6 years) after 06 Apr 2014 since I left USA 5 days before my H1 expiry?

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Hi,

I am an Indian citizen. I was in USA for almost six years on H1-B and returned back to India on Apr 6, 2013 . My H1-B expired after all the recaptures on Apr 11, 2013. My PERM application was filed by my employer on Jan 30, 2013 . It is in audit. On Jan 30 2014, I would become eligible to apply for a non-cap H1-B since my PERM application would be pending for more than 365 days, but this H1 would be valid only for 1 year. I would also complete 1 year outside USA on Apr 6, 2014 and hence would also be eligible to apply for a fresh H1-B(capped). Could you please let me know if I can be considered for the fresh H1 applications that my employer would be filing on Apr 1, 2014? Would I be eligible for a non-cap H1-B (for 6 years) after 06 Apr 2014 since I left USA 5 days before my H1 expiry?

Yes, you are eligible for a cap subject H1B petition but it can b filed only on April 7th 2014. But, I strongly believe by that time USCIS would have stopped accepting applications as quota would have reached.

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