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My H1b got stamped in Dec 2009 and expired on 31st July 2011. I was there in USA from Jan 2010 to Nov 2010 and returned to India

Dallas, TX |

And I moved to different employer.
can I get Cap Exempt quota to get H1 b Extension. ?
I don't have any contacts in USA, ?
how to get employer in US and how to get Extension?
I have SSN,I797 and W2 forms with me. pl advise !!

Attorney Answers 3


  1. Yes. You can. A simple math will tell you that the 2009 plus 6 will be 2015. We are in 2014 now.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  2. Yes, you are still cap exempt and will remain so for 6 years from the date your H-1B was first approved. A new employer can file a cap-exempt petition on your behalf at once.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. Giacomo provided a great response, looks like you are in the clear.

    Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever rely upon any statements posted on the Avvo Q&A section. There is no attorney-client privilege based on this interaction. I am not your attorney and there is no attorney-client privilege up until the moment that we have a signed engagement letter with a clear understanding regarding fees - at which point we will not be discussing your legal issue online on a public Q&A board that anyone in the world can view. You should find an attorney that can best represent your interests: using the Avvo lawyer search is one of many possible utilities online to collect names of lawyers you might be interested in meeting with offline to discuss your legal issue in full detail so the legal advice can be tailored to the specific facts of your legal issue.

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