H1B - Cap Exempt after 6 Years tenure

[jairam23]

Hi Team,

My H1B was filed in  Jan 2011 and my Visa expired in Dec 2012, I have been in US in between working for the Visa sponsored Company. Could you please advise if my H1B is still eligible for Cap exemption and if Yes till when I can use my H1b for CAP exemption.

Thank You.

[pontevecchio]

6 years minus existing time in H1 status in the USA.

[jairam23]

Thank You for the prompt reply, also could you please if there is any specific timeframe by which I need to apply a Cap exempt H1B Visa.

Thank You again for your assistance.

[pontevecchio]

There has never been any regulation that the H1 petition had to be approved in the last 6 years. The law lays down 2 possibilities for a person who has been cap counted and worked for say 2  years in H1 status . If he leaves the country, he can claim the Remainder Option of his H1 not subject to cap or he can subject himself to the lottery and if successful, he is then eligible for a full total of 6 years non cap.