H1B recapture of time spent abroad

[hyduser12]

Hello,

 

I worked in the US from Aug 1999 to Oct 2001 on H1B Visa. After that I returned back to India.

 

I would like to check, if a US Employer, can apply for extension of my H1B status, as I have not utilized full 6 years on H1B.

 

I would like to know, if I am eligible for cap-exempt category, with the option to recapture time spent abroad.

 

Can you please clarify on this.

 

Thanks in Advance for your help.

 

Regards,

Chand

 

[jairichi]

Yes, you are cap exempt.

[hyduser12]

Yes, you are cap exempt.

Hi,

I have last worked in the US on H1B in Oct 2001.

 

I read in few online forums, that time spent abroad, can be recaptured within 6 years of Initial H1B petition Approval. In my case, it is more than 13 years.

Will i still be eligible for cap-exemption, as i worked on H1B for only 2 years.

 

Please clarify on this.

 

Thanks.

Chand

[jairichi]

Hi,

I have last worked in the US on H1B in Oct 2001.

 

I read in few online forums, that time spent abroad, can be recaptured within 6 years of Initial H1B petition Approval. In my case, it is more than 13 years.

Will i still be eligible for cap-exemption, as i worked on H1B for only 2 years.

 

Please clarify on this.

 

Thanks.

Chand

Yes, you are cap exempt. Talk to an attorney from Murthy law firm.