applying H1B cap exempt after visa expiration


I got H1B approval in Nov 2013. Petition was valid for just 1 year(Till Nov 2014). Igot the H1B stamped and went to US. I was there in US till Nov 2014. Now I am in India and want to apply for H1B cap exempt.


  1. Am I eligible for applying H1B cap exempt petition?

  2. I heard that there is a new rule. According to that, candidate has to apply for cap exempt petition within 1 year of H1B visa expiration. Else candidate will be part of normal cap process. Never read such rule on any wesite. Just wanted to confirm if any such new rule has bbeen added by USCIS?

  3. How much maximum time will be needed to get cap exempt petition approval from USCIS?


Even I too have never read that one year rule for an already approved cap H1.

Once you got a H1b visa in the yearly quota, you can use it for a total of 6 years (no need to be continuous use). Even if your initial stamping is expired, you can again apply and keep a copy of your previous H1 apprvoal to prove that you are cap exempt)