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Laid off after 4.5 yrs in US (2005 - 2009) - back in India for 4 yrs - Cap Exempt??

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  • Laid off after 4.5 yrs in US (2005 - 2009) - back in India for 4 yrs - Cap Exempt??

    Hi All,
    Have an urgent query.
    I was working in the US since mid 2005 till end of 2009 on H1-B until I got laid off & had to return back to India. I spent a little over 4 yrs in the US on H1-B. I am not sure if my employer revoked my visa. The status on USCIS says 'Post Decision Activity' (We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on February 18, 2010, and are now reviewing our earlier decision.)
    Now, after working for 4+ years in India, a prospective employer wants to send me to the US on H1-B again. Will i fall under cap exempt? What are my best options to move to the US? Please advise.
    Thanks in advance for your help!

    Additional Info:
    I have 3 petition approvals since there was an extension of my H1-B visa (even though I never used up all the 6 yrs. I spent 4 yrs & a couple of months in the US) :
    1. I129 - Valid from 10/01/2004 to 01/26/2007
    2. I 797-A (I129) - Valid from 01/27/2007 to 12/13/2009
    3. I797-A - Valid from 06/19/2008 to 06/15/2011 (this was when I moved jobs & they did a H1 transfer)

    My first day in the US on h1-b was May 24th, 2005 & I moved back to India for good in beginning of 2010 (4+ years ago).

    Is there a time limit for a person to be outside the US after which he can no longer claim the remainder time? If so, what would that be?

    Let me know.
    Last edited by ccboy19; 09-24-2014, 04:01 PM.

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