For how long am I cap exempt?

[Neha Rajpal]

Hi,

Thank you so much for helping.

I received H1B in Oct 2018 and I got laid off in July 2020. I could not secure another job during grace period and filed for B2 COS for 4 months(Sept 2020-Jan2021). I could not find job at all and left USA in Dec 2020 while B2 petition still pending. No GC petition was filed by employer. My I-94, I-797 expired in March 2021.

I want to recapture H1B leftover unemployed days.
I am aware I cannot use the days I spent on H1 between Sept-Dec.
I am aware I am cap exempt and I do not require to enter the lottery to recapture leftover H1B time(roughly 3.7 years).

My question is, for how long am I cap exempt ?
Do I need to find job in the US within 1 year of July 2020 to take advantage of cap exempt status?

My goal is to get back to the US on H1B as soon as I can, but I am thoroughly confused on how much time do I have to take action on it so that I could enjoy perks of being a cap exempt?

Please guide me, I am unable to find concrete answers on articles online.

Regards,
Neha

[rkk09]

Hi,
Please see my response below.
My question is, for how long am I cap exempt ?
Answer: In order to qualify for CAP Exempt, You will need to meet below requirements.

• You were in H-1B status in the US within the past 6 years.
• You did not use 6 years of H1B.

Do I need to find job in the US within 1 year of July 2020 to take advantage of cap exempt status?
Answer: Yes. If you can able to get job within one year would be helpful to you.

My goal is to get back to the US on H1B as soon as I can, but I am thoroughly confused on how much time do I have to take action on it so that I could enjoy perks of being a cap exempt?
Answer: Since you have not used your full period of H1B and within 6 years you were on H1B status, you can file H1B petition as soon as you get Job offer and get the petition filed and go for visa stamping.
Thanks