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Expired H1 - Can I file a CAP Exempt petition

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?

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Attorney answers 2


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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