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I work for an Indian company. I went to USA on H1B Visa in July 2011 and returned back in Nov 2015. So basically I have stayed 3 months outside india including this month.My current visa has already expired in Oct 2015. So currently I have no visa. However there is job requirement and for which I want to go back and wanted to know about the rules of applying for H1B under cap-exempt category.
So here are some of the questions I want to clarify:-
1. I have used a total of 1548 days out 2190 days allowed in one H1. So I have a remaining of 642 days (which is little less than 2 years) with me. Am I eligible for cap-exempt category?
2. Is there a rule set by USCIS on how many re-capture days are required to file for cap-exempt( like should be min 2 years left out of 6 years). My guess is USCIS might have put some rules when to accept a H1B under cap-exempt in such cases?
3. Incase a fresh H1 to be filed (for another 6 years), does it have to be filed after I spend a complete year outside USA?
Any help will be very much appreciated.
Thanks
So here are some of the questions I want to clarify:-
1. I have used a total of 1548 days out 2190 days allowed in one H1. So I have a remaining of 642 days (which is little less than 2 years) with me. Am I eligible for cap-exempt category?
2. Is there a rule set by USCIS on how many re-capture days are required to file for cap-exempt( like should be min 2 years left out of 6 years). My guess is USCIS might have put some rules when to accept a H1B under cap-exempt in such cases?
3. Incase a fresh H1 to be filed (for another 6 years), does it have to be filed after I spend a complete year outside USA?
Any help will be very much appreciated.
Thanks
