H1B extension filing

[deepthich]

Hi All,

I finished 3Yrs working in US on H1B. I applied for H1B extension but did not go thru. I left the country and started working in India. As part of my current assignment my company is ready to file H1B. MY question is does it come under cap exempt?

As I already availed 3 Yrs of My H1B, Can my company file a petition here under cap exempt?

Thanks in advance

[pontevecchio]

Yes.

[Attorney_22]

Generally, if an individual has been previously counted against the H1B cap without exhausting the full six years, that individual may utilize the remaining time in a new H1B petition that is not cap-subject. To discuss this in more detail please speak with a qualified U.S. immigration attorney directly.