Am I exempt from CAP if I leave US before completing 6yrs

[nkt1415]

Hi,

I have got 1yr H1B approval on my I-797B for the year 2014-15 CAP and got it stamped in December 2014. I have recently came to US on H1B visa and the visa is valid for end of September 2015. For some reason I want to leave US now and want to come back after 1 or 2 yrs. It is clear that my current H1B will expire by Sep 2015, but I want to know if I am exempted from CAP if I want to come back to US in 2016 or 2017, because I have not spent 6 yrs in US on this H1B.

Please kindly let me your thoughts on this.

Thanks,

[raghvi]

Hi,

I have got 1yr H1B approval on my I-797B for the year 2014-15 CAP and got it stamped in December 2014. I have recently came to US on H1B visa and the visa is valid for end of September 2015. For some reason I want to leave US now and want to come back after 1 or 2 yrs. It is clear that my current H1B will expire by Sep 2015, but I want to know if I am exempted from CAP if I want to come back to US in 2016 or 2017, because I have not spent 6 yrs in US on this H1B.

Please kindly let me your thoughts on this.

Thanks,

Yes you would be cap exempt for 6 Years from your last day on H1.

This is my opinion not legal advice.

[nkt1415]

Yes you would be cap exempt for 6 Years from your last day on H1.

This is my opinion not legal advice.

Thanks a lot for your response. Could you please also let me know if there are any things that needs to be considered for this statement to hold true, like any steps to be taken by my US employer, or by me? or any thing that is to be taken care in this regard.