H1BQuery1 Posted December 15, 2015 Report Share Posted December 15, 2015 Hi, I worked in the US from 1999 to 2001 (2 years), and left to India and returned back. Can I claim the "remainder" time on H1B (4 years) under Cap-exemption ? will I be eligible for Cap-exemption, as I H1B petition expired in June 2003. Can you please advise on this, as I have a potential employer willing to Sponsor my H1B petition, if I am eligible for cap-exemption. Please help here. Thanks, A Murthy Forum reader. Link to comment
jairichi Posted December 15, 2015 Report Share Posted December 15, 2015 Yes, you are cap exempt & eligible for remaining years. Link to comment
GNH Posted December 16, 2015 Report Share Posted December 16, 2015 It will not be easy to convince the USCIS to let u use the remaining H1b time as more than six years has passed after the initial one was issued . There is a murthy forum article about it , I can't find the link now . Expect an RFE on your H1B application . Link to comment
H1BQuery1 Posted December 22, 2015 Author Report Share Posted December 22, 2015 Thanks for the reply. But in some posts, i read that H1B "remainder" option, can be claimed only within 6 years of the expiry of old H1B Petition. In my case, it's been 13 years. Am I still eligible for Cap-exemption ? Please clarify, as this very Important for my future career. Thanks & Regards, H1BQuery1 Link to comment
jairichi Posted December 23, 2015 Report Share Posted December 23, 2015 Thanks for the reply. But in some posts, i read that H1B "remainder" option, can be claimed only within 6 years of the expiry of old H1B Petition. In my case, it's been 13 years. Am I still eligible for Cap-exemption ? Please clarify, as this very Important for my future career. Thanks & Regards, H1BQuery1 Yes, you are cap exempt till you reach the maximum allowed stay of 6 years on H1B. Link to comment
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