H1B cap Exempt ..Recapture unused period


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Dear Attorney,

Please help me to understand if my previous H1B petition can be extended under cap exemption. Below are the details.

1. My H1B petition is filed in 2004 by company 'A'.  Current status of my H1B petition is   

    expired

2. Travelled to USA first time in July 2005 and came back to India in March 2009.

    in between I use to  travel to india on vacations.

3. So my overall physical presence in USA is around 3 1/2 years only as per calculation of

    days between Entry and Exit stamps in my passport.

4. In 2006, I transfered my H1B to company 'B'. Current status of this petition is also expired.

5. so out of 6 years period of H1B, 2 1/2 years time is unused.

Please let me know if we can recpature the unused period of H1B irrespective of the age of the H1B petition since its been 10 years back I got H1B number.

Thanks in advance.

Regards

Venkat

 

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Dear Attorney,

Please help me to understand if my previous H1B petition can be extended under cap exemption. Below are the details.

1. My H1B petition is filed in 2004 by company 'A'.  Current status of my H1B petition is   

    expired

2. Travelled to USA first time in July 2005 and came back to India in March 2009.

    in between I use to  travel to india on vacations.

3. So my overall physical presence in USA is around 3 1/2 years only as per calculation of

    days between Entry and Exit stamps in my passport.

4. In 2006, I transfered my H1B to company 'B'. Current status of this petition is also expired.

5. so out of 6 years period of H1B, 2 1/2 years time is unused.

Please let me know if we can recpature the unused period of H1B irrespective of the age of the H1B petition since its been 10 years back I got H1B number.

Thanks in advance.

Regards

Venkat

Yes, you are cap exempt.

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