Expired H1 - Can I file a CAP Exempt petition

Asked over 1 year ago - Fremont, CA

I had an H1B petition that was valid from Oct-2005 to May-2008 initially. I stayed in US from Jan-2007 - Nov -2007 and then from Mar-2008 - Jun-2008. In between H1 extension was filed in Apr-2008 and that got approved as well. I quit this company in Jan-2009 and was out of US till Mar-12 i.e. for more than 3 years. Currently I am in US on L1B visa from another company. The question is that can I use my old H1 petition and get a CAP EXEMPT?

Attorney answers (2)

  1. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees


    Best Answer
    chosen by asker

    Answered . Your options are:
    Cap-exempt for what ever remain of your six years based on the number of years you have already used, or
    Cap-subject for a new six years.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Tripti Sharad Sharma

    Contributor Level 19

    Answered . You can seek to be subject to the cap and get 3 years, or you can seek balance of your H-1B time.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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