Cap Exemption ? 2008 Petition


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Hi All,

I was in US from Jan 2006-Dec 2007 on F1 visa and then from Jan 08 to Sep08 on OPT.

My h1b petition was approved in May 08 with I-797A mentioning validity 10/01/2009 to 08/20/2011.

I came to India for stamping in Feb 2009 and was given 221g green slip asking for further documents of client etc. which I didn't pursue and no stamping happened.

It has been more than 6 years to the initial approved petition.

My questions are:
1.I am cap exempt or not?
2.I only used 5 months of H1b status(Oct 09 to Feb 09) while I was in US ,so will I be getting the remaining 6years-5 months = 5 years 7 Months on my transfer petition under cap exempt.

Will highly appreciate the response.


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