STAYED IN USA UNDER H1B for 3 years - I140 approved-PRESENTLY out of USA for ** yrs

[gbadrain]

I was in USA under H1B Visa for 3 years and came back to India in Sep 2011 after getting I140 approval with priority date of Nov 2010.
CAN I GET H1B VISA renewal under the same QUOTA???
Please note that I have been outside USA for almost 1 year 10 months.
Kindly respond asap

[mrcoolbuddy]

Yes. You are eligible for cap exempt H1B for 6 years from the date of your filing.

[gbadrain]

Yes. You are eligible for cap exempt H1B for 6 years from the date of your filing.

Thanks buddy for the information .
You mean that I can file my application even as of TODAY,,,right ??

[mrcoolbuddy]

Yes

[gbadrain]

Yes

https://www.immihelp.com/h1b-cap-petition/

Mr Cool, can you please read POINT 5 wherein it says that the applicant need to have granted status as an H1 B non immigrant in the last 6 years and not left USA
for more than 1 year after attaining such status.

Since I have been away from USA (ie in INDIA) for 1 year 10 months- I guess , may be, I am not exempted from H1B Quota
Any thoughts???

[mrcoolbuddy]

I had H1 that was applied in 2007 and I was never on H status till now in US. I was on L status for 3 years.

I have applied for cap exempt petition 2 months back and got successful stamping yesterday in Hyderabad.

If you still have questions, you better contact an immigration specialist or an attorney.

All the best.

[rahulkpatel]

I had H1 that was applied in 2007 and I was never on H status till now in US. I was on L status for 3 years.

I have applied for cap exempt petition 2 months back and got successful stamping yesterday in Hyderabad.

If you still have questions, you better contact an immigration specialist or an attorney.

All the best.

Congratulations!!!
One more question : did you apply for H4 also? Here si my post if you can help me on this :

http://www.immihelp.com/forum/showthread.php/112045-H4-visa-Extension-from-India-URGENT

Thanks,
Rahul Patel.

[gbadrain]

I had H1 that was applied in 2007 and I was never on H status till now in US. I was on L status for 3 years.

I have applied for cap exempt petition 2 months back and got successful stamping yesterday in Hyderabad.

If you still have questions, you better contact an immigration specialist or an attorney.

All the best.

Thanks Mr cool