H1B Cap Exempt will get 5 months or fresh 6 years

[esk]

Hi

I have a question on my H1B visa.

I visited U.S on Dec 17 2005 and I stayed until Feb 29 2008 (2 Years 2 months and 13 days). Then, I visited again on Nov 9 2009 and applied for extension couple. I stayed until April 1st 2013 (3 years 4 months and 24 days). I had visa until 23 Aug 2013. I don't have I-140 or labor approved.

So, totally I stayed for 5 years, 7 months and 6 days. obiviously now, the visa has expired.

1) Can I have the employer to apply H1B in cap exempt to claim the remaining period 5 months?

2) It's being more than a year I returned from U.S. Would the clock have reset? If i apply H1B in cap exempt do I get fresh 6 years or just that 5 months?

3) Is it necessary that through the same employer should apply for H1b or a different employer can also apply for it?

Please help. Thanks in advance.

thanks,
Siva

[MBATechGrad]

can someone please respond? shdn't he get fresh 6 years considering he has spent more than 1 year outside?

[raghvi]

Hi

I have a question on my H1B visa.

I visited U.S on Dec 17 2005 and I stayed until Feb 29 2008 (2 Years 2 months and 13 days). Then, I visited again on Nov 9 2009 and applied for extension couple. I stayed until April 1st 2013 (3 years 4 months and 24 days). I had visa until 23 Aug 2013. I don't have I-140 or labor approved.

So, totally I stayed for 5 years, 7 months and 6 days. obiviously now, the visa has expired.

1) Can I have the employer to apply H1B in cap exempt to claim the remaining period 5 months?

2) It's being more than a year I returned from U.S. Would the clock have reset? If i apply H1B in cap exempt do I get fresh 6 years or just that 5 months?

3) Is it necessary that through the same employer should apply for H1b or a different employer can also apply for it?

Please help. Thanks in advance.

thanks,
Siva

1. Yes.
2. Just 5 Months. For fresh 6 Years one should stay out for 1 Year AND apply in fresh CAP.
3. Any employer can file.

This is my opinion not legal advice.