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Am i eligible for H1B Cap Exempt Filing

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  • Am i eligible for H1B Cap Exempt Filing

    I had an H1B approved in Year 2000 and stayed in USA from Mar 2000 to Nov 2001. I filed for a H1B cap exempt visa in 2009 and got it approved from Oct 2009 to July 2011.
    But i never traveled to USA on the second Visa Approval in 2009. Am i eligible to file for H1B Cap exempt again ? If yes , how long can i stay in USA in the new cap exempt visa.

  • #2
    Originally posted by hungrymonkey View Post
    I had an H1B approved in Year 2000 and stayed in USA from Mar 2000 to Nov 2001. I filed for a H1B cap exempt visa in 2009 and got it approved from Oct 2009 to July 2011.
    But i never traveled to USA on the second Visa Approval in 2009. Am i eligible to file for H1B Cap exempt again ? If yes , how long can i stay in USA in the new cap exempt visa.
    I really am not sure if the 2009 visa was indeed cap exempt because it was 8 Years after your initial stay on H1. With that said, if you got an approval in 2009 , then you should be cap exempt.

    This is my opinion not legal advice.

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