6 years On H1B + 3 years out of US -> cap exempt?

G

garvind

Registered Users (C)
I have completed 5 years 8 months on H1b and have been out of US for 3 years now.
I have applied for H1b again. Will I be counted for the quota again?
 
Yes, you will be counted in the quota again. (i.e. it's as if you did not have your previous H1B)
 
No, Your H1 won't be counted against cap

garvind said:
I have completed 5 years 8 months on H1b and have been out of US for 3 years now.
I have applied for H1b again. Will I be counted for the quota again?
Click to expand...

No, You can claim H1 for 3 years (for time outside US). It will be without cap and does not matter if it is for same employer or a new employer.

Please check details and confirm with your lawyer.
 
i was browsing thru' the 7th year extension forums and thought i would add more details.. (all dates approx... +/- 10 days)

I landed in US on Feb 25, 1998.
I was out of US from October 25 1999 - November 15 1999.
I transferred my Visa on April 10, 2000 (approval for 2 years)
I extended my Visa on March 10, 2002 (Application Pending)
RFE for pay stubs on December 20, 2003 (employer did not inform me)
I moved back to India on Jan 15, 2004

After reading the information on the 7th year extension forum, i realized that I could have legally stayed back till my request for extension was either approved or denied.

Now I have applied in the 2007 non-masters quota. Based on the pending petition, will my application be cap-subject?

I did not start the GC process during the above period at all.
 
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