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H1B CAP Exempt

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  • H1B CAP Exempt

    I was in US with an H1B visa for 4 months in 2010 & then came to india & from then on i have been in India.Can i file a CAP exempt petition with a new employer.My petition was filed in 2008 & then stamping done in 2009.
    I went thru a thread which states if i am out of US for more than a year then i cannot file a CAP exempt petition.

    see below thread below

    The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US.
    Can anybody please clarify?
    Last edited by snehanew; 03-13-2014, 04:28 AM.

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