H1 expired, cap exemption?

[gsrao]

Hi,
My h1 was issued in dec 2005 from my previous organisation and expiry as in my passport is oct 2008. I have been in US only for 9 months then and retirned back to India. Now do i have cap exempt or have to apply for new visa in next year's cap quota? please advise?

[raghvi]

Hi,
My h1 was issued in dec 2005 from my previous organisation and expiry as in my passport is oct 2008. I have been in US only for 9 months then and retirned back to India. Now do i have cap exempt or have to apply for new visa in next year's cap quota? please advise?

What was your last date in US on H1 status?

[gsrao]

What was your last date in US on H1 status?

hi,
I was in US till Aug 2007.

[raghvi]

As far as I understand the rule says within 6 Years of petition approval OR within 6 Years of last held H1 status. You dont seem to qualify for either of these. Check with the attorney of the employer.

This is my opinion not legal advice.