I was in the U.S. for 5 yrs 8 mos and went to India in Feb 2012 with approved I-140. Am i still cap exempted?


In the example given, it should be possible to request more H1B time based upon an approved I-140 with an unavailable priority date. These cases are not filed against the cap and, thus, can have immediate start dates. With the dates given, there would be a choice whether to get the extension based upon the I-140 (not cap subject) OR to take advantage of the one year + time spent abroad and reset the six-year H1B limit entirely. However, to use the one-year abroad rule, the case WOULD have to be filed against the cap, which is a big disadvantage. (30.Dec.2013)

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