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Cap exempt- H1b

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  • Cap exempt- H1b

    Hello experts

    I would like to understand Cap exempt H1B filing.

    My friend had an H1B Petition from Oct 2006 to Apr 2009. He travelled to US from May 07 to Aug 08 and then came back to India.. His petition expired in Apr 09.. No extensions..

    Now in Dec 2012 is he eligible to file H1B in Cap exempt.. as his petition start date Oct 06 is past 6 yrs from now ??

    Pl help clarify if cap exempt looks at petition start date or having H1b status within last 6 yrs

    Thanks

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