H1 B eligibility


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I'm I eligible to apply H1B in cap this year? Here are my details.

I have a 140 approved in EB3 with priority date of 02/06/2008. EB2 PD 12/19/29012 went in audit same employer. I completed my 7 years on L1A last year and came back to India in Aug 2013. I will not complete one year out of country on Apr 1st 2014. However does approved 140 or pending EB2 Perm helps me dodge this rule?

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