First H1B petition applied in 2005 and second in 2008. Am i exempted from CAP?

[pankaj_div]

Hi,

My initial petition was applied in 2005 and approved. My second one was approved in 2008.
But i spent around 4 years on these H1's.

Can I apply a new petition with out CAP restrictions eventhough i was CAP counted around 7 years back ( But i used only 4 years out of it ).

[JSRTVU]

U won't come under quota. Your company can apply anytime..If you have job offer.

[pankaj_div]

Thanks for your reply!! Will I be exempted from quota eventhough the first petition was older than six years?

[kabkaba]

I think you will be exempt because of the last petition. Consult an experienced attorney.

[vjatsd]

Hi Pankaj,

I am in the same situation like you. I had H1B approved from 2003-2004.

Many are saying that I need to be counted in the last 6 years to be cap exempt.

But some are saying, that I may be exempt and need to consult a lawyer.

Can you please let know if you found out anything about this.

Thanks.