QUESTION
Will I be considered cap-exempt under H1B
Asked on Nov 21st, 2015 on Immigration - Michigan
More details to this question:
1) Had H1B visa / petition from Oct 2007 to Sep 2010 2) Had been in US on H1B from Oct 2008 to Nov 2009 3) Returned to India by Nov 2009 and never traveled to US after that 4) Since I have used only 1 year of max allowed 6 years of my H1B, is my past petition still transferable and will be considered under cap-exempt? And until which month/year this old petition will be considered cap-exempt to re-claim the remaining 5 years in the past H1B
1 ANSWER
You do not appear to be cap exempt because you were not counted in the cap during the past six years. A new employer may be able to transfer your H-1B status and recapture the unused time on your previously approved petition. It may be best to apply for a new visa in the lottery. If you have an employer interested in sponsoring you, you should speak to the employer's immigration attorney.
Answered on Nov 23rd, 2015 at 5:24 AM