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Can I be a CAP Exempt ?

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  • Can I be a CAP Exempt ?

    Dear all,
    1. ) I had a H1 B Issued with Reciept Number -xxx,
    reciept Date June 20, 2005 , Valid from 10/03/2005 TO 09/30/2008.

    I got visa to come to usa on 18 jan 2008 . I first travelled to USA on 31 MARCH 2008 from india on the above H1B.

    2.) i extended my H1B Reciept Number xxxx With the same employer
    reciept date August 29,2008, Notice date -October 9, 2008
    class h1b valid from 10/01/2008 TO 09/30/2011

    I came back to india on 27 Feb 2009 .

    Can i be considered as Cap exempt if i want to file a h1b using the above now

  • #2
    Originally posted by NaveenBNK View Post
    Dear all,
    1. ) I had a H1 B Issued with Reciept Number -xxx,
    reciept Date June 20, 2005 , Valid from 10/03/2005 TO 09/30/2008.

    I got visa to come to usa on 18 jan 2008 . I first travelled to USA on 31 MARCH 2008 from india on the above H1B.

    2.) i extended my H1B Reciept Number xxxx With the same employer
    reciept date August 29,2008, Notice date -October 9, 2008
    class h1b valid from 10/01/2008 TO 09/30/2011

    I came back to india on 27 Feb 2009 .

    Can i be considered as Cap exempt if i want to file a h1b using the above now
    I don't think so. Your 6 years expired in Feb 2015. Nonetheless I have seen rare cases where the person has been considered cap exempt, no harm in getting the employer to file.

    This is my opinion not legal advice.

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