H1 B Cap Ememption query ASAP

[pvreddy7]

Hello

I was having my H1 B Petition approved from 0ct-2006 to oct 2009
Visa issue date was Dec 2006 to Oct 2009 I was in USA from April 2007 to April 2008.

Now I got my H4 visa Starting from May 2012 ....So Can i reopen my previous H1 B visa? Do I come under H1 B cap exempt. or not...?

Can you please let me know how many years i will come under H1 B Cap exemption does it count from Petition date...or from the visa issue date....Pls help me...?

[shervin143]

One H1B CAP is valid for 6 years from it last approval. You do the math to figure out if you are eligible for CAP exemption or not. Since you have stayed outside U.S for 1 whole year, you are also eligible for a fresh new H1B with Oct 1st as the start date that will get you a fresh 6 year term in H1B. If you use the old CAP with an immediate start date to file a new petition, then you will get only the remaining period in that CAP (time already spend in U.S in H1B + L1 will be deducted).

[pvreddy7]

Just one question does this 6 year is from visa start date(the day i have gone for stampoing) or Petition approval date....?

[shervin143]

CAP has nothing to do with your visa. It is always associated to the petition.

Just one question does this 6 year is from visa start date(the day i have gone for stampoing) or Petition approval date....?