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Time-frame of cap exemption & validity of a new H-1B visa for former H-1B holder

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  • Time-frame of cap exemption & validity of a new H-1B visa for former H-1B holder

    I have a specific question regarding the time-frame of cap exemption granted for former H1-B visa holders. I have read various conflicting/confusing articles on this online that the time-frames become muddled due to verbiage.

    I have held a H1-B visa from October 1, 2012 through June 6, 2014 (20 months & 6 days) when I resigned my job and left the USA for PhD studies elsewhere. Having completed the PhD, I am now interested in returning to the USA by trying for employment in for-profit private companies different to original one that sponsored my original H1-B visa.

    The questions are:

    * Until what calendar date am I exempt from capping for my next H1-B visa?
    * If a company does indeed sponsor a H1-B, __how long__ will the newly issued visa be valid for?

  • #2
    Originally posted by krishnakumarg View Post
    I have a specific question regarding the time-frame of cap exemption granted for former H1-B visa holders. I have read various conflicting/confusing articles on this online that the time-frames become muddled due to verbiage.

    I have held a H1-B visa from October 1, 2012 through June 6, 2014 (20 months & 6 days) when I resigned my job and left the USA for PhD studies elsewhere. Having completed the PhD, I am now interested in returning to the USA by trying for employment in for-profit private companies different to original one that sponsored my original H1-B visa.

    The questions are:

    * Until what calendar date am I exempt from capping for my next H1-B visa?
    * If a company does indeed sponsor a H1-B, __how long__ will the newly issued visa be valid for?
    Cap exemption is applicable within 6 yrs. of H1B issue or last held date.
    If cap exemption is granted, the max. validity would be (6 yr. - time used).
    Just an opinion; Not legal advice.

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