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  • H1B out of cap eligibility

    I had H1B visa with which I had travelled to USA on Nov 2006 and returned to India on Sep 2007. My petition validity was from : 10/1/2005 - 4/25/2008
    Can you please advise if I am eligible for out of cap H1B filing?

  • #2
    Originally posted by ashmuku View Post
    I had H1B visa with which I had travelled to USA on Nov 2006 and returned to India on Sep 2007. My petition validity was from : 10/1/2005 - 4/25/2008
    Can you please advise if I am eligible for out of cap H1B filing?
    There is ambiguity around the same but in my opinion, since you were cap counted over 6 Years back and were on h1 status over 6 Years back am afraid your employer may not be able to file a cap exempt petition.

    This is my opinion not legal advice.

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    • #3
      Originally posted by ashmuku View Post
      I had H1B visa with which I had travelled to USA on Nov 2006 and returned to India on Sep 2007. My petition validity was from : 10/1/2005 - 4/25/2008
      Can you please advise if I am eligible for out of cap H1B filing?
      You will not be eligible for OOC, later of either approval start date/ or exit from US should fall in last 6 years.
      Hence not eligible

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