H1B expired - renewal under non cap

[h1bmav]

Hi - Please help me with following query:

I got my initial H1B visa in Mar 2004. I was in US on that visa for around 4.5 years till dec 2010. I have been out of US for more than an year now. My question is:

1. Can i get it renewed under the remainder option for remaining 1.5 yrs?

2. It's been more than 6 yrs since the original petition was filed. Will that matter?

Thanks.

[h1bmav]

Please see if you are aware of anything that can clarify this.

Thanks.

[ram_uppara]

once out of country for more than one year(365 days) than you will get into CAP for new H1B for 6 years.

[h1bmav]

once out of country for more than one year(365 days) than you will get into CAP for new H1B for 6 years.

1. Yes, but my question is on remainder period on the expired H1b if that can be used?

2. Also, how does one know if the visa filed is under cap exempt or fresh under cap?

[vrbhu]

@h1bmav

1. yes you can claim the remaining period under cap-exempt

2. if the petition is for extension of visa then its cap exempt, if new its under cap.