Am I H1-B cap exempt? I had H1-B before and used it for 8 months.


I had my H1 visa before for an employer and it was used only for 8 months from July 2007 to feb 2008.After applying for extension I went back to India. My petition got expired when I was in India.

Now am currently in US on H4 visa and I would like to know if I would be eligible to apply for a fresh H1B under cap exempt category as I had an H1 previously within last 6 years and also not used it for 6 years completely? Please let me know.

Since you had an approved H1B in the last 6 years, you might be eligible for cap-exempt petition filing. In that case, you will get another 5 years and 4 months of stay in the US on H1B status.