H1B Petition expired, is I am eligible for cap exempt?


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Hello All -

My H1B Petition expired in  Feb 2015, with sufficient H1B travel left on it. I did traveled to US for 14 months on H1B with my spouse but now I am back in India. My H1B was filed by my current employer.


  1. Is I am eligible for cap exempt? If yes, does it mean renewal can be filed by my current or future employer?
  2. Is there any time constraint to file  H1B renewal?
  3. What would be H1B renewal process? I guess, its would be like filling new H1B petition but with cap exempt (assuming I am eligible for cap exempt).

Please let me know if we need any other details.

Thank you  in advance for help.

Thanks Vikas

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