My H1B expired on 30 Sep 2009 and I stayed in US for 3-4 months. Can I refile in exempted cap from B company

USA H1B Visa
1

I got my H1B approval in Oct 2006 . My H1B visa stamp shows issue date as 09 JAN 2007 and expiration date as 30 SEP 2009 From A company.

I entered US on this visa on 17 MAY 2007 and returned on 7 SEP 2007 because of some family obligations and could not return back to US.

Can I refile my H1B under exempted cap from B company and how long will it take ?

2

Yes you can file under cap exempt. The normal processing time is anywhere from 3-5 months. Premium processing would still take 1 month starting from LCA step.

3

Thank you for your prompt reply and wish you all the best.

4

Till what date I can re-file my application under cap exempt category ?

5

Upto what date I can re-file my application from B-company ?