Eligible for Cap Exempt H1b later?

USA H1B Visa
1

Hi,

I used up 6 year H1b, 2007 - Aug. 2013.

Then left US till now.

Have a new H1b approved Sept. 2013, but no I-94, for consular processing.

1.Does this new petition grand me H status, although it does not have I94?

  1. Am I eligible for Cap exempt H transfer later? If so, six year clock starting from Sept 2013, right?

Thanks so much!

2

Yes, you are eligible for Cap-Exempt H1B transfer. However, I’m not so sure about the 6 year clock.

3

thanks for your reply. which year do you think is the end of my eligibility for cap exempt, please?

4

A Year after your current H1B Visa validity expires