H1B Cap exempt petition - is there any deadline to file with existing petition?

[ajmalch]

Hi,
I got my first H1B petition approved in June 2012 and Visa stamped in July 2012.In both the validity was 12/31/2013.
I have entered in US in Nov 2012 and left in Oct 2013 (total 11 months).
So, to re-enter I heard that an employer can go for a cap exempt filing with my first approval letter.
Is there any deadline to file cap exempt petition in this way? Can I wait for 2-3 years for that? If yes, would the duration spent outside be calculated for max out?

[raghvi]

Hi,
I got my first H1B petition approved in June 2012 and Visa stamped in July 2012.In both the validity was 12/31/2013.
I have entered in US in Nov 2012 and left in Oct 2013 (total 11 months).
So, to re-enter I heard that an employer can go for a cap exempt filing with my first approval letter.
Is there any deadline to file cap exempt petition in this way? Can I wait for 2-3 years for that? If yes, would the duration spent outside be calculated for max out?

As you were in H1 status till Oct 2013, I would say you have time till Oct 2019 unless of course the rules change between now and till then.

This is my opinion not legal advice.

[ajmalch]

How many more days I can stay in US?

As you were in H1 status till Oct 2013, I would say you have time till Oct 2019 unless of course the rules change between now and till then.

This is my opinion not legal advice.

Thanks for your response. So as per the current rule, even if I go after few years ( before 2019), can I spend the remaining 5+ years in US since I have only spent 11 months in H1 status.. Please confirm?

[parag1jain]

Hi,
I got my first H1B petition approved in June 2012 and Visa stamped in July 2012.In both the validity was 12/31/2013.
I have entered in US in Nov 2012 and left in Oct 2013 (total 11 months).
So, to re-enter I heard that an employer can go for a cap exempt filing with my first approval letter.
Is there any deadline to file cap exempt petition in this way? Can I wait for 2-3 years for that? If yes, would the duration spent outside be calculated for max out?

You are eligible for 5+ years if H1 out of cap is filed before Oct 2019; duration spent outside US is not included in stay caluction of 6 years of physical stay.