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Visa petition to be filed after cap is reached

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  • Visa petition to be filed after cap is reached

    I was in the US, working here on a valid H1 Visa from 1997 to 2000. Back in India after that. Now, if I have to file a new H1 B petition, will I be counted against the visa cap.

    I found an article in this website which mentions this:

    Following beneficiaries of approved H1B petitions are exempt from the H1B Annual Cap:
    * Beneficiaries who are currently maintaining, or who have held within the last six years, H1B status, and are ineligible for another full six year stay as an H1B.

    I am confused now as to whether I can file a petition now, as the cap has already been reached for the year 2006. Can anyone help me..