H1b Cap exempt can I used remaining period


vivek07

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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 2006 by company 'A'.  Current status of my H1B petition is   


    expired


2. Travelled to USA first time in Jan 2006 and came back to India in Feb 2009.


    in between I didn't travel to india on any vacations.


3. So my overall physical presence in USA is around 2 years and 2 months only as per calculation of days between Entry and Exit stamps in my passport.


4. In 2006, I transfered my H1B to company 'B' and later on Company C.


Company C, h1b expired in Oct 2010.


5. Also worked with Company D for 6 months as well but h1b didn't got approved and later on came back to India.


Current status of this petition is also expired.


Would I be eligible for Cap exmpt.


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