H1B CAP Exempt - After using 5 years of H1B and 3 years out of USA without GC Initiation

USA H1B Visa
1

I have a question. I completed 5 years of H1B out of 6 years and came to India 3 years ago. Now I want to go to USA and my employer says i am eligible for CAP Exempt and i can reset to the 6 years again, as i am out of USA for more than 1 year. Is it true? I thought i was eligible to claim the remining one year through the CAP Exempt and NOT for the next 6 years and after completion of 1 year i have to come out and reapply for the H1B through lottery next year. Please correct me if i am wrong.

My questions are…

  1. Am i eligible to apply for H1B under CAP Exempt?
  2. If yes, then for how many years? (1 year or another 6 years)
  3. If no, do i need to go through lottery process again ? Is there anyway to bypass this step?
    Note: I do not have / raised any GC process and do not have I-140 PERM approval. Just holding the old 6 years petition with remaining 1 year
2

My understanding is that your employer is talking about getting a new H1B and not renewing the existing H1B. That’s the only way to get 6 years of H1B in your case.