H1 B Out of Cap Eligibility


Manoonmani

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Hi, 

 

I was in US on F1 visa from Aug 2006 to Dec 2007 and was on OPT status from Jan 08 to Sept 09. 

 

Got H1B approved and my status converted from opt to h1b in Oct 2009. I came to India in Sept 2010 for stamping and my visa got rejected. Working in Indian since then.

 

Applied for f1 two times in 2011 and got rejected and also tried h1b thru some consultancy once in 2013 and that one also got rejected.

 

I'm working for the MNC since last 5 years and they are willing to file h1b for me. However, the visa processing unit says I'm not eligible for h1b cap exemption since my original petition was issue more than 6 years back. Please let me if I'm eligible for h1b cap exemption, if yes, please help me with some proof of documents.

 

Thanks.

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