H1b petition renewal post expiration cap exempt timeline

USA H1B Visa
1

My h1b petition was approved in 2014 and was valid til 2015. I never got it stamped.
I have below questions

1.till which year am I cap exempt now if I want to use same petition and travel?
2. if i get my petition renewed now in 2016, will it make me cap exempt for another 6 years post renewal i.e. till 2022?
3. if i get stamped now, will I be eligible for 6 years max stay there post getting extensions in USA or is it for max 3 years?

  1. if I get my petition renewed now and get visa stamping valid till next 3 years and i travel for a year and come back to India, will i be cap exempt to apply for visa stamping under same petition after say 4 years or i will have to go through fresh h1b application?

5.if I get my petition renewed now and no visa stamping , will i be cap exempt for 6 more yrs?

2

  1. You can use that petition for travel only until its expiration date and that too through the same employer. However, you are cap-exempt for 6 years (until 2020). Note that some recent cases suggest that this 6 year limit wasn’t enforced strictly.

  2. Yes

  3. You can stay at most 6 years inside US on H-1 and only the time spent physically inside US is counted towards it.

  4. You will be eligible for cap-exempt petition for 6 years from the date you leave US.

  5. Yes