H1 reapply / extension after expiry & living outside US

USA H1B Visa
1

Hi, My H1 got approved in 2007 and exp in oct 2010. I stayed in usa from aug 2008 to sep 2009 (for 13 months in US), then I came back to India and working for another employer. Now, i want to apply for H1 with this new employer (not the previous H1 employer). Am I eligible for extensions by considering as cap exempt. Is it possible, If yes how long it can be?. Thanks.

2

Your previous H1B approval was almost 5 years back and I believe you could file a cap-exempt petition with another employer. In this case, the maximum duration you can stay is 4 years & 11 months (Max 6 years minus 1 year & 1 month you stayed in H1B status).

3

Thanks Sujith. Please confirm me that

  1. Can I apply now (in July 2012), as it is Cap-Exempt. Or is there any time lines.
  2. is there any time frame to come under Cap-Exempt (Like up to 6 year back approved only or upto 8 back year approved cases).
4
  1. Yes, you can apply in July if its cap-exempt.
  2. H1B petitions approved within the last 6 years are usually considered for cap-exempt filing.
5

Thanks Sujith, it is really helpful.