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Cap of 2013 is over, can I apply H1B extension of my expired H1B. If employer wants to file new H1B, will it be Cap exempted

Indianapolis, IN |

I had H1B from from company A. Petition was approved from 10/01/2005 to 05/20/2008. Stamping was done fro the period of 19/0ct/2005 to 20/May/2008.
I was in USA for around 1.5 years in 2 terms and back to India on 20/May/2008. Before coming to India get the extension through employer B for the period of 10/30/2007 to 10/21/2010. I have never got stamping against this new petition. So this new petition was never used. Now Cap for this year is over. I want to file H1B either extension of old one or a new H1B. Please suggest what to do. Which is legally approved. From 21/May/2008 I am in India.

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Attorney answers 1


If your prior H-1B was subject to the cap, you are now cap-exempt

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.