Am I cap exempt for second new 6 year H1B?

USA H1B Visa
1

I was on H1b and used 5 years and 10 months. Then I came to India and completed more than 2 and half years here. Now I want to apply for new H1b for 6 years (I dont want to use the remaining 2-3 months)

Question is, for a second 6 year H1b visa, am I cap exempt???

Also how can it benefit me if I have approved I-140 but from another employer.(employer other than one who will now file new h1b)

Please help.

Thanks in advance.

2

You will have to go through the cap again in order to get another 6 years of H-1. If you go cap-exempt route, then your clock will not be reset and you will receive only remaining few months.

Having approved I-140 allows the employer to ask for a term going beyond the max 6 year period. They can ask for a 3 year extension.