H1B Unused - Cap Exempt possible


suji2783

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Posted

Hi, i got my H1B approved in 2008 and I never used it and continued to work on my L1B. From 2009, I spent a year and a half in India and came back on L1B by the end of 2010 and stayed for 3 more years. Back to India again in 2014 and spent over a year and now I am back again on L1B. Am i CAP exempt provided its been more than 6 years since my H1B approval?

  • 4 weeks later...
Posted

Thanks! Timeline below:

H1B approved in 2008

Continued on L1B until June 2009

June 2009 - Nov 2010 stayed in India > 1 yr

Dec 2010 - Jan 2014 stay in US on L1B

Feb 2014 - May 2015 stayed in India > 1 yr

June 2015 till date in US on L1B

Please advice.

Posted

Additionally if you are saying that i am CAP exempt for say 2 yrs, would that be the term i am eligible to stay in the US as well? If i go thru CAP april 2016, if the clock reset back to 6 yrs again? Please clarify. Thanks!

Posted

Thanks! Timeline below:

H1B approved in 2008

Continued on L1B until June 2009

June 2009 - Nov 2010 stayed in India > 1 yr

Dec 2010 - Jan 2014 stay in US on L1B

Feb 2014 - May 2015 stayed in India > 1 yr

June 2015 till date in US on L1B

Please advice.

You need to go under cap again.

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