Eligibility for H1B Cap Exempt or Not

Dear Sir/Madam,

I stayed in USA for Total 4.5 Years (Duration Jan 2005 Till June 2009). I went to USA in spring 2005 on F1 Visa and completed my Masters degree in engineering (Spring 2007).Later during OPT period, my H1 B Petition was filed and then approved by Employer A in STEM Category ( 20,000) Quota. Eventually got my H1 B Visa in Mexico for the Below H1 B duration.

Start date = Oct 1, 2007

End date = Sept 30, 2010

Later moved to India, in June 2009, hence haven’t utilized My Total 6 year Tenure of my H1 B status.

Now if I want to go back to USA again, do I need to file a New H1B (under 65,000 quotas) from India by finding a New Employer (B) and then get stamped in India?


Am I eligible for H1 B Cap Exempt, IF yes till what duration? And please let me know if its with Employer A or not necessarily… I can go with C or D?

What is the pre-requisite to file H1B Cap Exempt?

Please help me on this …



You are eligible for cap-exempt and you can work 1.5 years (assuming you were in US on H1 for 4.5 years)

Cap-exemption eligibility is 6 years from the expiry or the day you left US

Thank you Rana for sharing me the information. But one last doubt is

Is my H1 B ( cap exemption eligibility is 6 years from the day I left USA or any time I can enter to USA with this I - 797 Approval) ??

I stayed there In USA on Student for ( 2.5 years) then worked there for 1.5 years after that I haven’t used my H1B which is there for 4.5 years because I left USA to India in 2009 because of global recession.

Find an employer who can file cap-exempt for u, u cant enter on that i797. You are cap-exempt till 2016 as ur i797 expired in 2010