Cap exempt petition validity question

[Shikha1234]

Hi Shervin,

If a cap-exempt petition H1B is filed using the existing cap, considering that the cap has not been used even atleast once, will the new petition filed be valid for the remaining 6 year period only?

To make myself more clear,

Suppose the petition start date is 2008 and the petition is not utilized till date. The 6 year cap is valid till 2013 July . Now a cap-exempt petition is filed in 2012 July , will the new petition have the end date till 2013 July even when the previous 5 years of the cap have not been used?

[kabkaba]

A total of 6 years of stay in the US in H1/L1 status is allowed. Any number of petitions can be filed until that limit is reached.

[Shikha1234]

Thanks for reply Kabkaba ! But a little more clarification please

That means if out of the 6 years, if for 5 years, the person was not in US and came to US in the 5th year, does that mean that the new petition will hold valid for the remaining one year or the person will get fresh petition for another 5 years?

[shervin143]

One H1B CAP is valid for 6 year and only the time spend in U.S in H1B + L1 status will be calculated towards the 6 year period. So until you spend all 6 years, your employer can keep filing the extensions. The employer can request upto a max of 3 years when they file a H1B petition for you. USCIS may or may not approve the petition for 3 years. Depending on the work duration shown by the employer, the USCIS will decide the petition duration to approve.

Thanks for reply Kabkaba ! But a little more clarification please

That means if out of the 6 years, if for 5 years, the person was not in US and came to US in the 5th year, does that mean that the new petition will hold valid for the remaining one year or the person will get fresh petition for another 5 years?