New H-1B, Cap Exempt

If you previously held H-1B status and are outside the US, you may be eligible to have an Employer file a Cap Exempt H-1B petition for the remainder of your allowed time up to 3 years.

In order to qualify you must be able to show that:

1) You were in H-1B status in the US within the past 6 years.

2) You have not used your 6 years of H-1B status.

Examples:

Sanjeeb was employed in the US in H-1B status from January 15th, 2004 to December 2nd, 2007. Is he eligible to file for a new H-1B Cap Exempt?

No. Since he was not in H-1B status in the US within the past 6 years. He must file in the next H-1B Quota on April 1st, 2017.

Ravi was employed in the US in H-1B status from October 1st, 2006 to September 30, 2012. Is he eligible to file for a new H-1B Cap Exempt?

No. Since he has used all 6 years. He must file in the next H-1B Quota on April 1st.

Lina was employed in the US in H-1B status from November 10th, 2014 to November 23rd, 2015. Is she eligible to file for a new H-1B Cap Exempt?

Yes. Since she was in H-1B status in the US within the past 6 years and has not used all 6 years of H-1B status. She will be able to file for the remainder of her 6 year period (approx. 2 years).

Note: The 6 year clock is only reset if you have been outside the US for at least a year AND then a new H-1B under the quota is filed.

One you are back in the US in H-1B status, you will need to think about renewing your H-1B. Please click here for H-1B Renewal/Extension Details.

If you have a general question about the H-1B visa please complete and submit the form below and we will do our best to answer it.

You can also follow us on facebook as we usually post the answers there.

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Related Links:
H1B Visa Cap / Quota for FY 2018
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit