Can I file for H1B cap exempt if I have an expired H1B petition ?

I had a valid H1 employment visa from October 2009 to April 2012. I worked in USA from November 2009 to first week of February 2010 after which I returned back to India. Do I have to file a new petiiton again for FY 2013-14 or is my visa counted in Capexempt. What is the procedure if I want to go back to USA for employment?



  1. First find an employer who is ready to sponsor a job for you

  2. Tell him about your previous h1. Yes , an employer can file a cap exempt petition for you , based on your previous stay (it is known as remainder option ). You will get 6 yrs - (period of stay in US) . The advantage with this is you can start work as soon as you receive approval.

Then tell your employer about your previous approval , give him the relevant documents like your old petition approval notice , previous visa stamp pages etc. If your employer has a competent immigration team , they should be able to take care of this .

Note: It is upto to you and the employer to decide whether you want a 6 yr cap subject or less than 6 yr non cap subject. But I dont think you have a choice now with the cap probably getting over by this week .

Yes. You have to file a new H1B petition any time(Not April 1st) under Cap-exempt. You have to attach copy of old H1B petition or Case No.

You have to find a sponsered company to work in USA.