H1B Cap Exempt

[esk]

Hi, I have a expired H1B. I been in U.S for 5 years 8 months multiple visits. I was not in U.S continuously. In between I was away from U.S for more than a year from March 2008 to Nov 2009. Then travelled again by Nov 2009 and I came back to India by April 2013 and in india since then. My visa got expired in August 2013. I came to know that I am eligible for cap exempt. But few consultants say that since I am away from U.S for more than one year. The clock get resets and so I get 6 more years and I don't have to go through the Quoto mode. I don't have labor and i-140. Is that true in my situation? If I apply Do I get 6 years? How much would be the charges for cap-exempt? Could you please help?

[raghvi]

Hi, I have a expired H1B. I been in U.S for 5 years 8 months multiple visits. I was not in U.S continuously. In between I was away from U.S for more than a year from March 2008 to Nov 2009. Then travelled again by Nov 2009 and I came back to India by April 2013 and in india since then. My visa got expired in August 2013. I came to know that I am eligible for cap exempt. But few consultants say that since I am away from U.S for more than one year. The clock get resets and so I get 6 more years and I don't have to go through the Quoto mode. I don't have labor and i-140. Is that true in my situation? If I apply Do I get 6 years? How much would be the charges for cap-exempt? Could you please help?

If this was the case many companies would have asked employees to leave in 5 th year and come back after one year for a fresh 5 year period and do it every 5 year and never have to go through cap again. What can be done in your case is recapture of time, that is 6 yeats minus time already spent in this petition.

This is my opinion not legal advice.