Unused H1B visa time validity or eligibility

[Bhaskar C]

Hi , 

My last H1B petition is approved on 3/24/2016  till 5/12/2018.

Due to H1B process delay /I-94 expiry/H1-B extension denied on 12/21/2018 , I stepped out of USA on Jan17th. 

My total stay in USA completed 4 years on H1B visa 

Now, I would like to reuse remaining 2 years of H1B time. 

My question is , Can new my  employer  ( changed to new employer) file cap-exempt H1B petition to reuse 2 years of my visa time ? 

I read it in some blogs/forums  somewhere  that , H1B cap-exempt can be filed with in the 6 years  of my last h1b petition approved ( in my case this date 3/24/2016+6 years 3/24/2022 , crossed now). 

or should I consider 5/12/2018+ 6 years  ?

Please clarify my doubt . Am I eligible that my employer can file H1 cap -exempt now ? 

Thanks

 

[Zodiac System]

Find an employer who is willing to file your H1b transfer with your previously approved H1b Approval, Cap-exempt as well as your GC I-140.  Good Luck.

Edited April 7, 2022 by Zodiac System

[LeaveMessageH1B]

As per my understanding you have both options open, 1> re-capture remaining time on your old petition 2> File brand new petition for 3+3 years.

However, your future employer's attorney can give you accurate answer after reviewing your documents. 

Edited April 7, 2022 by Leavemessageh1b
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