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My H1b expired on sept 2010 I have been out of US for over 6 years used only 2 1/2 years on H1B

asked Dec 28, 2016 by mallikara (222 points)
Hi, My H1b expired on sept 2010 however I have been in US only for 2 1/2 years in US. I have been outside US from 2010 until dec 2016. Can I be eligible for cap excempt.
commented Apr 11, 2017 by vesaservices.com (1,254 points)
Forms Preparation fee for H1B (Extension/Transfer, Amendment) is $295.00 (includes Public Access file), H1B/I-140 RFE write-up Starts at $195.00, H4 EAD $95.00  and PERM/I-140 starts at $500.00, check us out at www.vesaservices.com or email at aditya@vesaservices.com

1 Answer

+1 vote
answered Jan 2, 2017 by dan (25,384 points)
selected Jan 2, 2017 by mallikara
Best answer
Yes, you are eligible under cap exempt, you still have 5.6 years h1b. Since you have traveled to the US on an H1B, you will be cap exempt forever.
commented Jan 2, 2017 by dan (25,384 points)

Check this Article for more information.

How to use Cap Exempt H1B with FAQs

commented Jan 2, 2017 by kumarll (100 points)
Hi Dan,

I am also in the same condition. However I have been in US only for 2 years and 2 months and requested for an extension after the expiration of H1B VISA but extension request rejected on 2010 and I had to come back home.

My question is as follows;

(1) Do I qualify for cap extension if I apply for H1B VISA?

(2) Do I need to apply for H1B through the same company who has my H1B petition or Can I change the company?

You expert advice is most valuable since I didn't come across a clear reply from any other forum.
commented Mar 29, 2017 by mallikara (222 points)
Appreciate an answer from distinguished readers who are familiar in H1B since new filing is coming closer. However it seems a bit difficult to find an H1B sponsor to file for H1B these days.

If you are looking for a Project or an H1B Visa Transfer, with Immediate GC Process, please call us at (800) 693-8939 or h1btransfer@hireitpeople.com

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