Ex H1b Holder from 2003 to 2004, can I apply Cap Exempt now at 2012

[tintin77]

Hi,

I have asked this question in several forums but am not getting a correct answer.

Basically, I had a H1B from 2003 to 2004 after OPT.

I am not sure if I can apply for cap exempt H1B now.

Some people are saying that I can only be cap exempt if I held a H1B in the past 6 years, that is somewhere atleast after 2006 I guess.

Can you please confirm this for me.

Thanks for your help.

Regards,
Tintin

[tintin77]

can somebody please help me out with this..

looks like in wikipedia, they say that i need to have a valid H1B in the past 6 years!!!

[cbg]

So I guess what you're looking for us to do is give you the answer you want to hear regardless of whether it's correct or not?

[tintin77]

haha cbg, i get that a lot recently for some reason.
Its kind of true, i am trying to hear a good answer which favors me

In one of the other forums I saw, another person had asked the same question.
Someone else replied there, that he can try to apply for cap exempt and USCIS might accept it and/or check with a good immigration lawyer.

I dont have access to a good immigration lawyer for now.

I guess you might say, the companies that are willing to sponsor me can find out since they have good lawyers.

The thing is, many of the hiring managers, usually ask me when I can join and they are not eager enough for them to actually ask thier lawyers.

Anyways, I guess just giving me the answer I want to hear wont do me any good other than keeping me falsely happy for a few days.

If some one knows about this or if this is any workaround,tips please let know.

Thanks,
Tintin