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!! URGENT !! H1B Cap Exempt Query

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  • !! URGENT !! H1B Cap Exempt Query

    Hi,

    I had a valid h1b petition from Comp A, which got approved on Sept 2005 and stamping was done on Feb 2006. I went to USA on Mar 2006. I returned back to India on Sep 2007. I again went back to USA on Jan 2009 and returned back on June 2009. During this stay my VISA was extended till Sept 2012. However I left Comp A and joined B on Oct 2011 and my visa got expired in Sept 2012.

    My question is am I eligible for H1b cap-exempt if I want to file for comp B now?

    Thanks in advance,
    Tanmoy

  • #2
    Yes.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks! One more query

      Originally posted by kabkaba View Post
      Yes.
      Thanks a lot!! One final query. I understand that H1b cap-exempt can be filed throughout the year. Please let me know how much time does it take for the filing process.

      Comment


      • #4
        Same as any other petition.
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by tanmoy.roy View Post
          Hi,

          I had a valid h1b petition from Comp A, which got approved on Sept 2005 and stamping was done on Feb 2006. I went to USA on Mar 2006. I returned back to India on Sep 2007. I again went back to USA on Jan 2009 and returned back on June 2009. During this stay my VISA was extended till Sept 2012. However I left Comp A and joined B on Oct 2011 and my visa got expired in Sept 2012.

          My question is am I eligible for H1b cap-exempt if I want to file for comp B now?

          Thanks in advance,
          Tanmoy
          Yes, because you were H-1B status within the last six years.

          Comment

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