H-1B Cap exempt eligibility

[VivianZ]

Hi, I have a question about my eligibility for a cap exempt H1B petition.

 

My initial H-1B employment with Employer A was terminated and I converted to H-4 status. So far, the total time period I have been out of US is less than one year. Now, if a new employer would issue me a job offer, is there a time limit for the new employer to file a cap exempt H1B petition for me? I was told by a lawyer that I may not because my time remaining to file a cap exempt H1B must be within a 6 year period from the date my initial H1b petition was filed (which was Feb. 2008). Can anyone please confirm the time limits on this situation? Please note that I have not been absent from the US for more than one year. How do the within 6 year time limits apply to my scenario? Thanks in advance!

 

My immigration details:

Initial H1-b Visa issued:  Oct. 2008- Sep.2011
Job Layoff:  Aug. 2009
Change Status to H4:  Sep. 2009-present

Have not been absent from the US more than one year.

[itemgadu2]

Hi, I have a question about my eligibility for a cap exempt H1B petition.

 

My initial H-1B employment with Employer A was terminated and I converted to H-4 status. So far, the total time period I have been out of US is less than one year. Now, if a new employer would issue me a job offer, is there a time limit for the new employer to file a cap exempt H1B petition for me? I was told by a lawyer that I may not because my time remaining to file a cap exempt H1B must be within a 6 year period from the date my initial H1b petition was filed (which was Feb. 2008). Can anyone please confirm the time limits on this situation? Please note that I have not been absent from the US for more than one year. How do the within 6 year time limits apply to my scenario? Thanks in advance!

 

My immigration details:

Initial H1-b Visa issued:  Oct. 2008- Sep.2011

Job Layoff:  Aug. 2009

Change Status to H4:  Sep. 2009-present

Have not been absent from the US more than one year.

you are cap exempt .

[VivianZ]

itemgadu2, thank you very much for your quick response. 

 

I am currently in the US on H4, but I have read following on USCIS site. I want to make sure that to be qualified under the cap exempt H1 petition, does it matter that I am currently in the US or outside the US?

 

"The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US."

[itemgadu2]

itemgadu2, thank you very much for your quick response. 

 

I am currently in the US on H4, but I have read following on USCIS site. I want to make sure that to be qualified under the cap exempt H1 petition, does it matter that I am currently in the US or outside the US?

 

"The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US."

Nope. You are cap exempt.

[smuni]

you are cap exempt . You have used only 1 year of H1B. Still you have 5 more years. So don't worry .

6 year limit - you have to count all the years you are on H1B