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Am I Under Cap-exempt H-1b

Discussion in 'Nonimmigrant Visa Validity' started by confusedabout, May 5, 2016.

  1. confusedabout

    confusedabout New Member

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    Hello there,

    I am new to the community and wanted to share my situation.

    1. H-1B validity 2009-2014
    2. I have 4-5 months unused because of vacation during this duration
    3. I moved to India in Oct 2014.
    4. I have approved I140 with Priority Date of Oct 2012 (with employer A)

    I want to come back to US for work. Another Employer (employer B) wants to hire me. My questions are
    1. Am I not eligible for H1B cap exempt since its been long that I am outside US and my H-1B 6 years expired in 2014?
    2. Am I eligible for H-1B cap-exempt category to recapture unused time (4-5 months) on my initial H-1B visa (even though it is expired)?
    3. Am I eligible for H-1B cap-exempt category since I have approved I140 from employer A and priority date is not current?

    What are my options here? Please advice
  2. Santy

    Santy Guru

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    1. You are cap exempt if you have the 140 approval copy with you and if the approval is intact.
    2. No need to worry about unused time as you have approved 140, if not then point-1 also goes for a toss.
    3. Doesn't matter as long as approved 140 is not revoked and you have the approval copy.

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