| Author | Message | ||
     Gochi Censor Bewarse Username: Gochi Post Number: 85609 Registered: 07-2004 Posted From: 8.7.228.252 Rating: N/A |
this is the rule.. http://www.usavisanow.com/h-1b-visa/h1b-visa-resources/new-h-1b-cap-exempt/ If you previously held H-1B status and are outside the US, you may be eligible to have an Employer file a Cap Exempt H-1B petition for the remainder of your allowed time up to 3 years. In order to qualify you must be able to show that: 1) You were in H-1B status in the US within the past 6 years. 2) You have not used your 6 years of H-1B status. Examples: Sanjeeb was employed in the US in H-1B status from January 15th, 2004 to December 2nd, 2007. Is he eligible to file for a new H-1B Cap Exempt? No. Since he was not in H-1B status in the US within the past 6 years. He must file in the next H-1B Quota on April 1st. Ravi was employed in the US in H-1B status from October 1st, 2006 to September 30, 2012. Is he eligible to file for a new H-1B Cap Exempt? No. Since he has used all 6 years. He must file in the next H-1B Quota on April 1st. Lina was employed in the US in H-1B status from November 10th, 2008 to November 23rd, 2012. Is she eligible to file for a new H-1B Cap Exempt? Yes. Since she was in H-1B status in the US within the past 6 years and has not used all 6 years of H-1B status. She will be able to file for the remainder of her 6 year period (approx. 2 years). Note: The 6 year clock is only reset if you have been outside the US for at least a year AND then a new H-1B under the quota is filed. One you are back in the US in H-1B status, you will need to think about renewing your H-1B. |