H1B cap exempt quota

[vibhah]

Hi,

 

I had valid H1B from June 2005 to June 2008.I worked in USA for 4 months on this visa and went back to India and did not renew this visa.

I am currently in US and working on L2-EAD.

I need to apply for H1B now as my L2 will expire soon.

Now can I apply for my H1B CAP exempt as I have heard that we can apply for H1 B using the old petition number upto 6 years.
Please clarify.

 

Thanks,

Vibha

[jairichi]

Hi,

 

I had valid H1B from June 2005 to June 2008.I worked in USA for 4 months on this visa and went back to India and did not renew this visa.

I am currently in US and working on L2-EAD.

I need to apply for H1B now as my L2 will expire soon.

Now can I apply for my H1B CAP exempt as I have heard that we can apply for H1 B using the old petition number upto 6 years.

Please clarify.

 

Thanks,

Vibha

Employer can file a cap exempt H1B petition and you would get 5 years and 8 months.

[vibhah]

Hi,

 

Is this applicable even though I have been out of US for more than 1 year.(I was in India from Jan 2008 to Jan 2013)

I have read if you have been out of US for more than 1 year, you have to file fresh H1B.

 

Thanks,

Vibha

[jairichi]

Hi,

 

Is this applicable even though I have been out of US for more than 1 year.(I was in India from Jan 2008 to Jan 2013)

I have read if you have been out of US for more than 1 year, you have to file fresh H1B.

 

Thanks,

Vibha

If your employer files cap subject H1B and gets approval then you are eligible for 6 years.

If it is a cap exempt H1B petition then you would get 5 years and 8 months.

[JoeF]

Hi,

Is this applicable even though I have been out of US for more than 1 year.(I was in India from Jan 2008 to Jan 2013)

I have read if you have been out of US for more than 1 year, you have to file fresh H1B.

Thanks,

Vibha

You have heard wrong. There unfortunately are a lot of wrong rumors out there.

If a person has been out of the US for at least a year, the person has a choice of getting the remainder of the current H1 without the quota or get the full 6 years under the quota.