For 1)
I got this information for one my similar posts ... I think you come under the part in Bold ... Hope it helps to clarify your doubt
This is actually law says(INA 214 (g) (7)).
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition...
Hi Cbalas,
Thanks for your response. I thought AC21 has this provision for H1B portability.
It says that
once you have been counted against the cap for H1B you will not be counted for next 6 years , untill you maintain a Legal working status in the US without a gap of more that 1 year ...
Thanks a lot for the Crisp reply GotPR :)
It would be great if you could answer this question also ,since i am planning to get into F1 and back to H1B.
Upto what time will i be cap excempt.
will it be September 2009 ( since the petition came on Oct 2003)
Or
will it be September 2010 (...
Dear Sir/Madam,
I wanted to know if i could be cap - excempt to apply for H1B any time in 2007
Heres my background.
oct 2003 - Obtained h1B petition which was valid only till Sept 30 2006 ( 3 years ).
oct 2004 - travelled to USA with a valid stamped H1B visa. ( H1B visa was valid till...
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