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rcd321

H1b Cap exempt

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Hi,

 

I was on L2 Visa from 2006-2011 in US, and worked on EAD from (March 2007-Aug 2011) - total 4.5 years

Through the same company got my H1B approved in 2009 - total years on H1B in ~ 2 years

Then I moved back to India and I'm out of country since then ~ 3.8 years and now back to US on H4 Visa.

 

My question:

 

1) Can I apply for H1B cap Exempt?

2)How many years can my employer claim? L2 EAD + H1 ~ 4.5 years, So do I get 1.5 years or since my 6 years ends this year Sep 2015, do I get only 4 months?

3)When can I start working?

 

Thank you

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1. Yes, an employer can file a cap exempt H1B petition.

2. L2 years are not included in H1B. You are eligible for 6 years - 2 years on H1B = 4 years.

3. Immediately after approval as COS.

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