H1B Visa Cap Extension - Validity for Extenstion

USA H1B Visa
1

HI,

Following is my scenario. I had got H1b visa from company A in the year 2011. Petition validity was from Sep 2011 to Jan 2014. I traveled to US in Sep 2011 and came back to home country on Nov 2012. I came to know that i can use Cap Exempt category and ask my new/current employer say employer B to file a new extension/transfer petition. Please let me know if my understanding is correct. Since i had been in US only for 1.3 years and i had been out of US more then 1 year will my H1b cap reset to 6 years ? and Is there any time limitation for my current employer to file a extension/transfer. To be more specific is there any time limitation that within so many years of H1b first petition expiration or visa allocation employer has to refile the petition for Cap exempt category.

Please suggest.

Thanks in advance.

2

You are cap-exempted for 6 years from the last departure date from US; so until 2018 in your case. There were couple of recent experiences shared where it was approved for cap-exemption even after the 6 year period.

The clock is not reset and you are eligible for 6 years minus time already spent inside US on H1.