Is it too late to claim H1B remainder

[[email protected]]

Folks,

Here is my situation :
I was working in US from 2004 to 2007 under H1B status. Although my last I-129 stated that my H1B expires in 2008 I had to return back to my country in 2007.

Today I may have a offer from a US based company.
My query is: Can they file my H1B under my previous H1 status (as REMAINDER) or do they have to mandatorily file under the new CAP ??


Pls advice ..

[kabkaba]

Yes, they should be able to file a cap-exempt petition for you.

[gotousa]

Yes, they should be able to file a cap-exempt petition for you.

I heard there is a rule which states that your petition start date should be within 6 yrs when you file your cap exempt .. Is this not true ?

[kabkaba]

They apply it to the end date.

[gotousa]

They apply it to the end date.

Thanks kabkaba.. Actually in I129 when they quote "The beneficiary of this petition: (1) was previously granted status as an H-1B nonimmigrant in the past 6 years, (2) is applying from abroad to reclaim the remaining portion of the six years"

the first statement is not very clear