New H1B under cap exempt

[rajd216]

Hi all,

I had H1B visa previously and expired. Utilized for 5.5 years and then went back and stayed in India for 4 years. And I have US MBA degree (online)
Now I am on H4 visa and planning to apply for H1B. I would like to know about my situation:

1. Whether I come under cap exempt
2. If I come under cap exempt, is client letter or invitation letter required for processing under cap exempt.
3. If I don't come under cap exempt, can a new employer files H1B under 20000 quota since I have MBA.
4. Since I had H1b previously - counted against cap, If I apply for new H1b, will it get counted against the cap

Thanks in Advance
RajSree

[scientist2016]

Since you have been in H1B within the past 6 yrs., you can claim cap exemption. But that would be for 0.5 yrs. only since you used up 5.5 yrs.

[rajd216]

New H1B under cap exemption

Since you have been in H1B within the past 6 yrs., you can claim cap exemption. But that would be for 0.5 yrs. only since you used up 5.5 yrs.

Thank you. I know that 0.5 years can be recaptured at any time in the year.
But if I want to apply for new H1B again, will it be counted in the cap or be treated as cap exempt, since I had H1b in the past.

If H1B is applied again, will there be any preference given for those counted in the cap previously

And is client / invitation letter required for new H1B? Is employer's offer letter okay for this?

Thanks
RajSree

[scientist2016]

(1) If you claim cap exemption, you would get only the remaining 0.5 yrs.
(2) No, no special preference for people who had a H1 visa in the past.
(3) All rules and guidelines that apply for a normal H1 would apply.