H1B Cap Exemption feasibility


NishaJames

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Hi,

 

I had my H1B visa approved from Nov 2003 to Nov 2006 with an Employer. I had worked in US on this H1 from March 2004 to Oct 2005. The Employer didn't do the extension for this.  I worked in India from Oct 2005 to May 2012. I am in H4 visa right now.

 

Can I use this H1 right now to recap the unused period with the new employer?

 

Do I fall in Cap Exemption scenario?

 

Please reply.

 

Thanks,

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