Am I eligible for H1B CAP exemption

[krahman]

Hi,

 

I got my H1B work permit during 2007 and got stamped on the same year through company X. I travelled to US during Feb 2008 and stayed till March 2010. After coming back to India I applied for H1B extension and got it stamped - which was valid till july 2011. I never travelled to US through that extension. In other words, I did not enter US after March 2010 using H1B visa. Altogether I have spent about 2 years in US.

 

I did not extend my H1B after that point of time. I am working in a different company now.

 

Given this, I have few questions

1. Am I eligible for cap exemption? If yes, is there a time period before which I should apply for extension?

2. I have the I-797A with me. Is there anything else I need to get from my previous employer.

 

Kindly clarify.Thanks in advance!

 

-Rahman

[jairichi]

1. You are cap exempt. An employer can file a cap exempt H1B petition anytime.

2. That will be enough.