H1B cab exemption

[DJINDAL9655]

Hi Team,
I need legal advice on H1B cab exemption.
I was having valid H1B visa from Dec 2006 to Dec 2010 with different employer(IT company) and I came back to India in Oct 2010 and since then I am here only.
H1B utilization: 3.75 years (approx.)
Current Status: H1B has been expired in Dec 2010

I need to know if I am still eligible for H1B cab exemption. If so how long my visa will be cab exemption.

Any help will be appreciated.
Thanks
Deepak Jindal

[ritznim]

what did you figure out?

Did you figure out what to do? if yes, please share with us

[raghvi]

Hi Team,
I need legal advice on H1B cab exemption.
I was having valid H1B visa from Dec 2006 to Dec 2010 with different employer(IT company) and I came back to India in Oct 2010 and since then I am here only.
H1B utilization: 3.75 years (approx.)
Current Status: H1B has been expired in Dec 2010

I need to know if I am still eligible for H1B cab exemption. If so how long my visa will be cab exemption.

Any help will be appreciated.
Thanks
Deepak Jindal

For legal advice it is recommended to talk to an attorney.

In my opinion, you would be considered cap exempt only till Oct 2016 (6 Years from your last held H1 status).

Again, this is only my opinion not legal advice.