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, 2019.

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 1s, 2019.

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.

Related Links:
H1B Visa Cap / Quota for FY 2020
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

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