can i apply for H1B Cap exempt


I am working with Cognizant and have H1B Petition approved during 2016. My visa was valid till Sep-2017. Due to personal reasons I am not able to travel now.

Below are my question:

  1. Can my employer Cognizant apply for Cap-exempt H1B again for me, considering that I didn’t travel on H1B.

  2. What is the validity of H1B Petition?

Thanks in advance


  1. Why should the same employer apply cap exempt H1B petition if you are planning to work for same company? Do you mean extension of your Visa? Yes the current company can easily extend the visa by applying for extension.

  2. You can extend your H1B visa up to max of 6 years.

Thanks Mathuram for your answers.
Yes i mean extension of my visa. But can it be done if I am in India and even didn’t travel to USA? Also is there any time limit for this process as my Visa will expire on Sep end 2017.


yes can be done. You can apply before 3-6 months of expiry.

ok. I have not filed for extension yet and my visa expires in one month time. I can even apply for extension under cap exempt after visa expires

Yup, You can apply in cap exempt.