H1 Application - after 5 year gap


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My friend was in US on H1B from 2006 to 2009 (3 years), and his extension was rejected in 2009 due to recession. Now he wants to comeback on H1B. 

Does he come under quota now? 

(He used 3 years out of 6 years)

Thanks in advance.

He is cap exempt and he would get the remaining 3 years on approval.

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