H1B cap exempt

USA H1B Visa
1

Hello,

My H1B petition is valid(I-797) until Sep 2011. I got 221G in 2010 and later I didn’t use my petition and got expired in 2011. Can anyone answer below questions?

If I want to use under cap-exempt, is any any specific time or I can apply anytime during the year? (With same employer/New employer)How long cap-exempt will take time under normal process?

2

  1. The rule of thumb is within 6 years. However, folks have recently reported about successful cap-exempt petitions being approved even after that period has elapsed. So find an employer and see if they are willing to file cap-exempt for you.

  2. Normal processing is 2-6 months. If filed w/ PP then 15 calendar days.