H1 - cap exempt question

Victim2011

By Victim2011,
in H1B : General

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Victim2011 Member

Victim2011

Posted
Posted

Hi Everyone,

 

I have a question on stamped H1 from a big IT giant during Oct-2007- May 2010. Due to recession that time it was never consumed for this period.

 

Its less than 6 years since the first H1 expired. Can any one please let me know if this H1 is cap exempt and can be reapplied through a different company?

 

Thank you,

 

 

satishvinayaka Newbie

satishvinayaka

Posted
Posted

I'm going to complete my L1b 5 year stay in US on may 16th 2015. I'm travelling back to India one week prior. My employer also filed for H1B Visa using Cap quota. assuming that my application is selected and i'm returning to US on October, i can stay for one more year. l1 + H1 = 6 years. If i spend one year outside of US, can i come back with cap exempt or do i need to go through Cap again?

jairichi Advanced Member

jairichi

Posted
Posted

I'm going to complete my L1b 5 year stay in US on may 16th 2015. I'm travelling back to India one week prior. My employer also filed for H1B Visa using Cap quota. assuming that my application is selected and i'm returning to US on October, i can stay for one more year. l1 + H1 = 6 years. If i spend one year outside of US, can i come back with cap exempt or do i need to go through Cap again?

To get 6 years a cap subject H1B petition has to be filed after you stayed outside US for a year.

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