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Am I H1B cap exempt?

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  • Am I H1B cap exempt?

    I worked on H1B visa from Dec 2005 - Oct 2007. So, totally put together I worked for less than 2 years on H1B. The visa was valid till April 2009 and I got it stamped too. I relocated back to my home country in Nov 2007.

    In Jan 2009 though I applied for H1B transfer and got the petition approved which was valid Jan 2012. However, I never travelled to US on this one or used any time on it.

    Do I fall in cap exempt category for my remainder H1B period of 4 years, since the last H1 validity/expiry date (Jan 2012) is less than 6 years ago from today and I have already been through cap once?

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