H1-B CAP EXEMPT :Eligibility Check


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My wife got H1B in Oct-08,she worked for 2.5 months in 2009 and left to India.After Marriage,she travelled back to US in 2010 on H4 and stayed for an year.

Currently she is currently in India.

Now,Is there any possibility of filing H1-B under Cap Exempt  Category making use of the old H1-B petition doc? 

Are there any timelines that needs to be considered for filing this,is it very much required to apply it  before the Oct-2014 (oct-08+6 years)? 

Is it neccessary that she should be available in US when the filing is in progress or is it fine staying in India?

Please help me and clarify the above queries ASAP.

 

Regards,

Ranjith

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My wife got H1B in Oct-08,she worked for 2.5 months in 2009 and left to India.After Marriage,she travelled back to US in 2010 on H4 and stayed for an year.
Currently she is currently in India.
Now,Is there any possibility of filing H1-B under Cap Exempt  Category making use of the old H1-B petition doc? 
Are there any timelines that needs to be considered for filing this,is it very much required to apply it  before the Oct-2014 (oct-08+6 years)? 
Is it neccessary that she should be available in US when the filing is in progress or is it fine staying in India?
Please help me and clarify the above queries ASAP.
 
Regards,
Ranjith

 

She is cap exempt and any employer can file a cap exempt H1B petition anytime and on approval she can start working immediately.

A H1B petition can be filed whether she in US or India.

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