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on
SwirlyNoodle
SwirlyNoodle
12mo
by

H1B CAP Exemption

I had 6 years of approved petition and completed 5 years in USA and returned to India 3 years ago. I still have one more year in the current petition which was unused and expired now. My manager says I can reset to another 6 years , as I have stayed out of USA for more than one year through H1B CAP exempt ! Few of my friends says that is not possible but you can claim the remaining 1 year only! Which one is true. Kindly help!

12mo ago
ZippyDumpling
ZippyDumpling
8mo

Hello Bro, Did you get answer for this ?

SwirlyNoodle
SwirlyNoodle
8mo

Yes. We can apply for remaining 1 year only through cap exemption.

ZippyDumpling
ZippyDumpling
8mo

But I heard that this can be done within 6 years from your last stay in USA. Or else you need to go through lottery. Any idea on this ?

ZippyDumpling
ZippyDumpling
8mo

Also do you know about cap lock rule ?

SwirlyNoodle
SwirlyNoodle
8mo

No. I haven’t heard about such lock

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