H1B Cap Exempt will get 5 months or fresh 6 years


I have a question on my H1B visa.

I visited U.S on Dec 17 2005 and I stayed until Feb 29 2008 (2 Years 2 months and 13 days). Then, I visited again on Nov 9 2009 and applied for extension couple. I stayed until April 1st 2013 (3 years 4 months and 24 days). I had visa until 23 Aug 2013.

So, totally I stayed for 5 years, 7 months and 6 days. obiviously now, the visa has expired.

  1. Can I have the employer to apply H1B in cap exempt to claim the remaining period 5 months?

  2. It’s being more than a year I returned from U.S. Would the clock have reset? If i apply H1B in cap exempt do I get fresh 6 years or just that 5 months?

  3. Is it necessary that through the same employer should apply for H1b or a different employer can also apply for it?

Please help. Thanks in advance.



  1. U can go for cap-exempt, u may only get it for 5 months, but u may run into 221g or questions at stamping as 5 months project is suspicious…

  2. 5 months

  3. Any employer can file Cap-Exemption

If your green card is under process, U can get H1 for more than 5 months… Did u ever apply for GC with any employer?

  1. Yes you may.

  2. just that 5 months?

  3. An employer.