Unutilized H1B expired - Can utilize it w/o going through fresh quota

[calfall]

I had both H1B from Consultant company & L1B from Indian IT company stamped in the year 2006, since my H1 consultant was not bringing me to US. I came to US on L1B in the year 2008 ,got extended to L1A and continued my stay in US for 7 years. Since my IT company is not applying Green Card, I have to go back to India by Feb 2015 and come back after 1 year applying fresh H1B.
However, instead of applying fresh H1B , Is it possible to utilize my previously approved 2006-H1B to come back US after 1 year without going through fresh 2016 quota.

[raghvi]

I had both H1B from Consultant company & L1B from Indian IT company stamped in the year 2006, since my H1 consultant was not bringing me to US. I came to US on L1B in the year 2008 ,got extended to L1A and continued my stay in US for 7 years. Since my IT company is not applying Green Card, I have to go back to India by Feb 2015 and come back after 1 year applying fresh H1B.
However, instead of applying fresh H1B , Is it possible to utilize my previously approved 2006-H1B to come back US after 1 year without going through fresh 2016 quota.

No you cannot, you would have to stay out for an entire year and apply afresh after staying out of US for a Year.

Now if you leave in Feb 2015 you can apply fresh L1 in Feb 2016,As for fresh H1 you would be able apply in April 2016 with a start date of Oct 2016.

This is my opinion not legal advice.

[calfall]

No you cannot, you would have to stay out for an entire year and apply afresh after staying out of US for a Year.

Now if you leave in Feb 2015 you can apply fresh L1 in Feb 2016,As for fresh H1 you would be able apply in April 2016 with a start date of Oct 2016.

This is my opinion not legal advice.

Instead of going through 2016 quota, will I be eligible to file H1B in the CAP EXEMPT quota if any company is ready to sponsor, so that I can come after 1 year ie Mar 2016.

[raghvi]

Instead of going through 2016 quota, will I be eligible to file H1B in the CAP EXEMPT quota if any company is ready to sponsor, so that I can come after 1 year ie Mar 2016.

You would have to go through 2016 if you want fresh H1. You have already exhausted the time period allowed, remember, they take time period of L1+H1, not H1 alone while calculating time spent in US. So even if you did not spend time on H1, you did spend the time on L1. One cannot spend 7 Years on L1A and immediately spend another 6 Years on H1 based on a past H1 petition.

This is my opinion not legal advice.