Filing H1 after 6 yrs cap


shruti99

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Hi,

I was working in USA from May 2006 - Mar 2012 on H1 so I exhausted my 6 years quota ( may be 2 months were remaining). Now I am on H4 from Apr 2012- till date and my husband's GC is in progress.

I wish to work again, Can I file for new H1 though I did not stay out of USA for 1 year (but I am on H4 for more than one year now)??

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Hi,

I was working in USA from May 2006 - Mar 2012 on H1 so I exhausted my 6 years quota ( may be 2 months were remaining). Now I am on H4 from Apr 2012- till date and my husband's GC is in progress.

I wish to work again, Can I file for new H1 though I did not stay out of USA for 1 year (but I am on H4 for more than one year now)??

No, you are not eligible for a cap subject H1B petition. You need to be outside US (not change status) for at least 365 days before a cap subject H1B petition could be filed.

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