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H1 Out of Cap filing

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  • H1 Out of Cap filing

    My H1b was initially approved in November 2007. I was in the US between May 2008 till June 2010. I went back to India after that and continued working for the same employer in India. In 2013, my employer filed a out of cap exempt and I got my visa approved till March 2014. I stayed in US between May 2013 to Dec 2013.

    Can I file a H1B out of cap exempt again since I have not stayed in the US for 6 years?

  • #2
    Originally posted by Suma View Post
    My H1b was initially approved in November 2007. I was in the US between May 2008 till June 2010. I went back to India after that and continued working for the same employer in India. In 2013, my employer filed a out of cap exempt and I got my visa approved till March 2014. I stayed in US between May 2013 to Dec 2013.

    Can I file a H1B out of cap exempt again since I have not stayed in the US for 6 years?
    Yes it should be possible.

    This is my opinion not legal advice.

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