Am I exempt from CAP if I leave US before completing 6yrs

[nkumar83]

Hi,

 

I have got 1yr H1B approval on my I-797B for the year 2014-15 CAP and got it stamped in December 2014. I have recently came to US on H1B visa and the visa is valid for end of September 2015. For some reason I want to leave US now and want to come back after 1 or 2 yrs. It is clear that my current H1B will expire by Sep 2015, but I want to know if I am exempted from CAP if I want to come back to US in 2016 or 2017, because I have not spent 6 yrs in US on this H1B.

 

Please kindly let me your thoughts on this.

 

Thanks,

 

[JoeF]

If you have been counted for the quota and have come to the US on the H1, you are not counted again until you have used up the 6 years. If you are abroad for over a year, you can choose between getting the remainder time, being cap-exempt, of getting a new H1 under the quota, for a new 6 years max.

[rahul412]

Yes you are.