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Am I eligible for H1B out of cap?

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  • Am I eligible for H1B out of cap?

    I had traveled to US on H1B and worked in US for approximately 18 months (Apr2009 - Sep2010). My Petition Expired on Jul 2011. Owing to my personal circumstances, i was unable to extend my petition. I'm currently on H4.

    Please let me know if I can still use my previous H1b using out of cap?

    Thanks.

  • #2
    Originally posted by Radha@2015 View Post
    I had traveled to US on H1B and worked in US for approximately 18 months (Apr2009 - Sep2010). My Petition Expired on Jul 2011. Owing to my personal circumstances, i was unable to extend my petition. I'm currently on H4.

    Please let me know if I can still use my previous H1b using out of cap?

    Thanks.
    Your 6th year of approved H1B petition expired last year and you may not be able to use that petition for cap exemption.
    This is just my opinion, not a legal advice.

    Comment


    • #3
      Originally posted by SKDS160 View Post
      Your 6th year of approved H1B petition expired last year and you may not be able to use that petition for cap exemption.
      Is that based on the year I moved out of US last, please clarify?

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      • #4
        Originally posted by SKDS160 View Post
        Your 6th year of approved H1B petition expired last year and you may not be able to use that petition for cap exemption.
        In that case, please provide the last date before which i should have ideally applied to have used it?

        Comment

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