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H-1b Eligibility Based On Approved I-140 (outside Us For More Than 6 Years)

Discussion in 'AC 21 H-1B Issues' started by sanjay_lal, Sep 16, 2015.

  1. DonDraper

    DonDraper Guru

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    Yes you have used your 6 years in h1b and you have not been on h1b for the last 6 years. So you are not cap exempt
     
  2. Santy

    Santy Guru

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    Don: I think you are confused with the candidate who initiated this thread. GVICTOR078 is in US and on H1B Visa.Once he files his labor in US then he is not subject to any cap... He is not the candidate who is outside of US for 6 years. He is still in US. Please see the thread from beginning once you get some time.
     
  3. GVICTOR078

    GVICTOR078 New Member

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    Thank You Santy.
     
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  4. GVICTOR078

    GVICTOR078 New Member

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    Thank you Don,
    I am not the one who initiated this thread as Santy said.
    Thanks again for your time .
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Slight modification: If your PERM is on file for 365 days or your I-140 is approved before you complete the one year abroad, you can file as cap-exempt.
     
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  6. Santy

    Santy Guru

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    Just for my education, which Point of mine is not valid? I think what you stated has already been covered in point1 and point3.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I misread your first point.
     
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