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H1b cap exempt . I was in U . S for 36 months on h1b . came back to India 2 years back . and h1B visa expired .

Columbus, IN |

I got my h1B stamped in October 2006 for 2 years . I came to U . S in March 2007 . Applied for h1B extension in October 2008 and got it stamped till July 2011 . I came back to India in January 2011 . and working in India for last two years . Now , Can another employer file new h1B cap exempt for remaining three years . ? . if yes , can i travel any time once it is stamped ?

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Attorney answers 6



Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

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.


Yes. A new employer may apply for the balance of the period to a maximum of 3 years if you have not exhausted your 6 yr maximum eligibility. To enter you would need a valid unexpired H1 visa. Best Wishes!
Lalita Haran
Practice Area: Immigration Law
13295 Illinois St., Ste. 128
Carmel IN 46032
Ph: (317) 660-6174


It sounds like a new employer can submit a petition since you are already counted under the cap.

This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500


I agree with my colleagues

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


From what you describe it sounds as if you can likely have a new employer file a new cap exempt petition, but it is important you have everything fully reviewed before making assumptions and moving forward. If I can be of further assistance please let me know.


It appears that you have not exhausted your 6 year limitation, therefore, another employer could file an H-1B petition on your behalf. Once the H-1B petition is approved and the US Consulate in India issues the visa stamp, you would be eligible to enter the US and commence employment. If you have further questions, I would recommend setting up a consultation.

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