Cap exempt - 2nd time

[Videsha]

Hello Immihelpers!
Festive greetings!

I got my original petition in 2011 and I applied for cap exempt in 2016.

I traveled with 2016 approved petition (with validity till May 2019) and my extension is due now. Should my extension be denied, can I apply for another cap exempt petition after returning to India? How does the "in status (in the country) in the past six years" rule for cap exempt petitions apply in this case?

Thank you in advance.

Videsha

[H4toH1Bconversion]

Yes you can work for 6 years in the US on one H1 cap.

[Videsha]

Yes you can work for 6 years in the US on one H1 cap.

Thanks for the response!

To clarify, you believe I can file another cap exempt in 2019 for a cap that happened in 2011?

[H4toH1Bconversion]

You can stay a total of 6 years on one cap in the US. If you still did not finish that period, you can file cap exempt.

[Videsha]

Thank you, but I again persist with the question.

"Cap-exempt petitions to reclaim unused time are only valid within 6 years of being ?counted against the cap,? which USCIS seems to interpret to mean within 6 years of last being in the US in H1b status"

My petition which was in 2011, can be used to file a cap exempt even in April 2019, since I had last left USA in March 2019. Am I correct?

[Videsha]

Bump!!

Can someone help in the response

Thank you,
Videsha