H1B Cap exemption query

[nikrishn]

Hi,

 

I would like to apply for H1 under cap exemption.

 

My H1b details:-

 

• H1 Petition approval date date - Oct 2007 
  
• H1 Petition Expiry date  - June 2010
  
• I was in US on this H1 b from July 2008 to  August 2009.
  

 

Can I still be able to apply for H1 through Cap Exemption?

 

Please advise.

 

Thanks in advance.

[Attorney_21]

You should consult with an attorney on this issue - until recently I would not regard this as problematic, but it appears that USCIS has changed their policies on this (claiming cap exemption more than 6 years after being "counted against the cap", even if you haven't exhausted your 6 years of H1B time). This is an issue that's clearly in flux, and too complex to discuss adequately here....