H1-B visa cap-exempt and petition validity query

[virajsn]

Greetings!

I had a query regarding H1-B cap-exempt processing as follows. Kindly take a look.

I am a citizen of India. I was working for Company A which filed for my H1-B fresh in 2007. I have the petition of June 2007. The H1-B visa was stamped in Oct 2007 valid till June 2010. I traveled to US on H1-B from Apr 2008 till Nov 2008 for seven months.

In the year Apr 2010 I left Company A in India and joined company B in India. In June 2010 itself Company B applied for my B1 visa. When I went for visa stamping the officer approved my B1 visa but at the same time cancelled my H1-B visa which was anyways going to expire in June2010. The stamp on H1-B visa was 'Canceled without prejudice'.

Now in the year 2014 Sept, my Company B wants to apply for H1-B for me.

Kindly let me know if I am eligible for cap-exempt H1B by using the petition of Company A which was generated in Oct 2007 more than six years ago on which I have been in US only for seven months.
Your input will be highly helpful!

I have referred to existing threads but still unable to get a clear picture.

http://www.immihelp.com/forum/showthread.php/119652-Unused-H1B-petition-validity

https://www.immihelp.com/h1b-visa-general-faq/

Thanking you in anticipation.

Regards
Viraj

[virajsn]

Requesting inputs on this since there were no responses from the time it was posted. Thanks!

[raghvi]

I think you are eligible only till Nov 2014, 6 Years from your last held H1 status.

This is my opinion not legal advice.