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Question on whether I can file a new H1B under the cap exempt category. This is my case:
First H1B approved from Feb-09 to Sep-11. I travelled to the US on this and was in H1 status between Feb-09 to May-09 and had to return due to personal reasons.
Second H1B was applied under cap exempt category and was approved from Feb-13 to Dec-15. I never travelled on this visa and was never in H1 status on this as I had a fallout with this employer.
If i need to apply for a new H1B now under a new employer - will i be able to file under cap exempt category? There are many conflicting answers on the internet regarding the H1B activation/status that determined the cap exemption. I am not able to understand if my case is a cap exempt or not.
Any information on this will be extremely useful.
First H1B approved from Feb-09 to Sep-11. I travelled to the US on this and was in H1 status between Feb-09 to May-09 and had to return due to personal reasons.
Second H1B was applied under cap exempt category and was approved from Feb-13 to Dec-15. I never travelled on this visa and was never in H1 status on this as I had a fallout with this employer.
If i need to apply for a new H1B now under a new employer - will i be able to file under cap exempt category? There are many conflicting answers on the internet regarding the H1B activation/status that determined the cap exemption. I am not able to understand if my case is a cap exempt or not.
Any information on this will be extremely useful.
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