Work VisaDec 2, 2017

Cap exempt H1-B

I worked in the US for 2 years from 2014-2016. I returned back to my home country, India, due to personal reasons. I was working on H1-B. Will I be able to return to USA on my existing H1-B?

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Oracle Rmbgrmbg Dec 2, 2017

Yes - you should be able to file a new petition and not get counted against the cap

Intertrust Technologies ybdbd Dec 2, 2017

Yes. You need to find an employer willing to transfer your existing H1B. No need to file a new one.

New
qDEB82 Dec 2, 2017

Say if a person has stayed in US on H1-B for 6 years and has got a 3 year extension based on approved I-140 but leaves the country due to personal reasons or whatever during his 7th year on H1-B , can he still apply for Cap Exempt if he decides to come back to the US after few years ? Possible ?

Amazon Dgwq42 Dec 2, 2017

I think as long as a valid i140 approved ... Any company can get a 3 yr extension

Mesosphere onsie Dec 2, 2017

+1

Cisco genesiz Dec 2, 2017

Isn't the cap exemption valid for only 1 year after leaving the country?

Amazon rapti Dec 3, 2017

Also the new company should be able to file a cap exempt H1B. Afaik, cap exempt H1Bs are only filed by non-profits, research labs, universities etc.

Informatica nonane Sep 11, 2018

I have the same situation. From what I've found out. You should be able to get a new H1B for the remaining period if you have an offer