Am I H1B cap exempt

[arkie]

I was on H1B visa from Oct 2004 to Oct 2010 and then left the country. I have now been outside the country for more than 1 year. Will I be cap exempt if a new H1B is filed because I have been counted against the cap in the past?

[shervin143]

If you file a new H1B petition under a new CAP, then you will get a fresh 6 year term in H1B. The CAP for 2012 is already over. You will have to wait until next April to file for an effective date on Oct 2012.

[mahkan]

Question on H1b Cap exempt

Hello-

Given the person is outside US after the previous H1B got expired for more than an year. Will he be counted for H1B cap exempt for the previous H1B quota?

Thanks
Sreekanth

[shervin143]

If you haven't spent all 6 years in that CAP (L1B + H1B combined), then the remaining period in that CAP can be recaptured without having to go through quota again. Any employer can file a new petition anytime using that CAP and request an immediate start date. But you will get only the remaining period. If you have already spent 5 years in that CAP, then you will get only 1 more year and then again you will need to spend 1 year outside U.S.

Since you have spent 1 year outside U.S, you also have the option to file a new H1B petition under a new CAP (File on or after April 1st 2012 with an employment start date of October 1st 2012). In that case you will get a fresh 6 year period.

Hello-

Given the person is outside US after the previous H1B got expired for more than an year. Will he be counted for H1B cap exempt for the previous H1B quota?

Thanks
Sreekanth