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Can I get a cap exempt H1-b?

dragon1234

Star Member
Feb 11, 2018
55
34
Hello,

I was on H1b status in the US from 2016-2019(2.2 years) .
2019-Present I have been in Canada. However I did go back to the US in 2021 for 8 months on H1 status.
In total I have been three years on H1-b status in the US.

I have been remote this year and my current company wants me to relocate next year back to the states.

1. I will have 3 years left on my current H1-b. Is that right?
2. If so does it expire anytime?
3. I will file for my Canadian citizenship early 2023. After I naturalize I do not need a visa stamp if I have a H1-b visa-Is that right?
 

fr72

Hero Member
Jan 6, 2017
375
253
1. Correct
2. I have read 6 years after your last day on H1B in US....so 2027 for you. I spent 5 years outside the US after H1B and got cap exempt.
3. Correct, no stamp needed.
 

Takita

Hero Member
May 12, 2021
443
107
1. Correct
2. I have read 6 years after your last day on H1B in US....so 2027 for you. I spent 5 years outside the US after H1B and got cap exempt. --> Does it (cap exempt) applicable to I140 approved for more than 6months holders too???
3. Correct, no stamp needed.