Cap Exempt H1B in 2014 (Old Petition approved in July 2008)?

[ShivM]

My H1B petition was approved in July 2008 (Applied from Employer A) and I stayed in US only for 5 months in 2009.  Last US stay was in July 2009.

 

Now, I want to apply for my new H1B from employer B. Can I apply under Cap-Exempt category as I was already counted under cap in 2008 Cap?

 

By Calendar, 6 years are over in July 2014 after my first H1b approval, but can i still apply under Cap-Exempt category till March 31 2015 (i.e. end of 2014 Cap) ??

 

Appreciate your help!!

 

 

[satishbaheti]

You can claim your remining Period of h1b and for that you must on h1b Status in Last 6 years 

[jairichi]

A new employer can file a cap exempt H1B petition for you. Talk to an attorney from Murthy law firm.