H1-B CAP exempt query for previous extension denial

[adithya.srivatsas]

Hi All,

I have got the approval for H1B from Feb 2017 to Nov 2017 from company A . I came to USA in May 2017 and filed extension under normal category , But the extension got denied in May 2018.
Hence as i don't have valid petition i have come back to India . As my company A was not ready to file extension immediately i have changed to company B. I have below queries reg my H1-B :

1) As i was there only for 13 months of 6 years period of h1 , Am i eligible to apply the extension again from company B ?
2) Will i come under CAP - exempt category ?
3) By when i can apply the extension again with CAP -exempt status ? Can i apply from new company ?

Regards,
Adi.

[scientist2016]

Hi All,

I have got the approval for H1B from Feb 2017 to Nov 2017 from company A . I came to USA in May 2017 and filed extension under normal category , But the extension got denied in May 2018.
Hence as i don't have valid petition i have come back to India . As my company A was not ready to file extension immediately i have changed to company B. I have below queries reg my H1-B :

1) As i was there only for 13 months of 6 years period of h1 , Am i eligible to apply the extension again from company B ?
2) Will i come under CAP - exempt category ?
3) By when i can apply the extension again with CAP -exempt status ? Can i apply from new company ?

Regards,
Adi.

1. Yes
2. Yes
3. In order to be cap exempt, you should have had a valid H1 status in the 6yrs. prior to the application date. So, you have until 2023.