H1B validity expired on sept 2011 ( more than 11 yrs ago)

Hi, good day! had a H1B visa valid from oct 2008 to sep’11.
Travelled to US inJan 2009 and in 5 months had to come back to India due to a family emergency , exactly the next day i joined the client’s place. (For 5 months, was on bench, am not sure if payroll was run. )

Haven’t gone back to US since then. Can another employer file petition for approval using H1B cap exempt? Is this possible? Or is this too late?


Yes, there is no time limit for claiming the remaining H1B term to be treated cap-exempt.

Thanks Kalpesh for your response! you are truly a life saver!