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fall under annual H1B cap?

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  • fall under annual H1B cap?

    Hi

    I have I140 approved. I used all my 6 years of H1B and left US. I have been out of country for 3+ years

    When I come back to US, do I fall under H1B cap. Should I wait and approve for Oct or I can apply for H1B and get approved anytime of the year.

    I worked for same employer before leaving us and i work for same employer out side US and I will come back to US with same employer or different employer.

    Please help. Thanks.

    - - - Updated - - -

    Also will I be applying for new H1B or H1B renewal. My H1B expired 3 years ago already

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