H1-B cap exemption after company change in India

[jopaul]

Currently I live in India.I got my H1b petition in 2006 when I was working with Wipro. I traveled to USA in the same year
and stayed there for 2 years (Mean time my petition expired and renewed). I came back to India in 2008 May. I went back to US in 2009 and stayed there for 3 months on the renewed second petition. In 2010, the second petition expired and Wipro renewed it.
Wipro got the renewed petition but did not hand it over to me to go for stamping.
Mean time I resigned from Wipro and joined in another company. Now it is year 2014. Can I renew my old petition from my new company now?.

Note
-----
I stayed in US only for 2.3 years in my original petition.
I do have the originals of first 2 expired petition. But I don't have the details for my 3rd petition ( I never traveled on this petition)

[raghvi]

Currently I live in India.I got my H1b petition in 2006 when I was working with Wipro. I traveled to USA in the same year
and stayed there for 2 years (Mean time my petition expired and renewed). I came back to India in 2008 May. I went back to US in 2009 and stayed there for 3 months on the renewed second petition. In 2010, the second petition expired and Wipro renewed it.
Wipro got the renewed petition but did not hand it over to me to go for stamping.
Mean time I resigned from Wipro and joined in another company. Now it is year 2014. Can I renew my old petition from my new company now?.

Note
-----
I stayed in US only for 2.3 years in my original petition.
I do have the originals of first 2 expired petition. But I don't have the details for my 3rd petition ( I never traveled on this petition)

Did your employer file a fresh H1 in 2009 or it was an extension of the 2006-2008 petition? Technically you can use the 2009 petition for claiming the remainder of the period. Law says 6 Years from last held H1 status, which in your case is 6 Years from 2009. Now, it depends when you were in US last on H1 status, whether it was Jan 2009 or Dec 2009. If it was Jan 2009 you have till Jan 2015 to file the extension request. IF Dec 2009 then till Dec 2015.

This is my opinion not legal advice.

[jopaul]

Did your employer file a fresh H1 in 2009 or it was an extension of the 2006-2008 petition? Technically you can use the 2009 petition for claiming the remainder of the period. Law says 6 Years from last held H1 status, which in your case is 6 Years from 2009. Now, it depends when you were in US last on H1 status, whether it was Jan 2009 or Dec 2009. If it was Jan 2009 you have till Jan 2015 to file the extension request. IF Dec 2009 then till Dec 2015.

This is my opinion not legal advice.

2009 was an extension from 2006-2008 petition.