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H1 Cap exempt eligibility ?

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  • H1 Cap exempt eligibility ?

    Hi,
    I had an approved I-797 petition from Employer A in Oct 2004 to Oct 2007.
    I did my H1-Transfer to Employer B in Aug 2005 and got another I-797 petition valid till 2008.( Aug 2005-Aug 2008). I got another extension from Aug 2008- Sep 30,2010. Oct 1 2010 would mark my 6 yr completion mark. I was laid off from Employer B on Sep 2009.
    I came back to India with a Employer B paid return ticket and been staying here since then.
    Now can I apply for my H1B CAP exempt (I still have 1 year left)considering that my second I-797 expired in 2010? 2015 would also mark 6th yr since last time I was on H1B.
    Please clarify.
    SGururaj

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