I had a H1B visa valid from 2008 to 2011 from Employer A. I worked on the same in US from April 2009 and returned Sep 2009 for a duration of 5 months. Since then i was working in INDIA. Now, can Employer B file a Cap exempt H1B for me this year(2015). If yes, do i or Employer B need to pay any thing to employer A? Till what date i have a chance to apply for Cap exempt H1B?
Since your period of 6Yrs is not yet completed after the visa approval date, you are eligible under cap excempt. you/ Employer B need not to pay anything to employer A.
Jathin, Many thanks for your immediate response. I have a doubt, is there any time limit before which my Employer B can file my CAP EXEMPT H1B? If it is 6 years then i think i am not eligible as my actual H1B was from 2008 to 2011. So 6 years from 2008 is 2014. Am not sure if the 6 years are counted from the actual H1B period started or from the date of expiry.
Many thanks once again.
Regards,
Kumar.