Previous H1B. Am I cap exempt after more than 6 years in F1?

[m00se]

I had an H1B in 2006. I only used 8 months of it before I got accepted to graduate school.

I went back to school to to get my masters and phd and have been on F1 since then.

Am I exempt from the cap?
I was told I was only exempt from the cap if I had been counted against the cap in the last 6 years?

Does the 6 years also count if you are in F1 status?

So, if I apply for an H1B now, will be under cap-exempt or not?

Thanks.

[m00se]

Sorry for bumping the thread again.

I'm really surprised that I didn't get any responses.

Is my case very rare?

So, from the UCSIS website, it says,

http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-13593/0-0-0-13813.html

There have been instances where an alien who was previously admitted to the United States in H-1B status, but did not exhaust his or her entire period of admission, seeks readmission to the United States in H-1B status for the “remainder” of his or her initial six-year period of maximum admission, rather than seeking a new six-year period of admission. Pending the AC21 regulations, USCIS for now will allow an alien in the situation described above to elect either to:

• be re-admitted for the “remainder” of the initial six-year admission period without being subject to the H-1B cap if previously counted; or
• seek to be admitted as a “new” H-1B alien subject to the H-1B cap.

I was under the impression that F1 would not be counted in the period of admission.

Is there some place where the period of admission is fully defined?

However, the lawyers are saying that its any six years in the US.

[raghvi]

Sorry for bumping the thread again.

I'm really surprised that I didn't get any responses.

Is my case very rare?

So, from the UCSIS website, it says,

http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-13593/0-0-0-13813.html

I was under the impression that F1 would not be counted in the period of admission.

Is there some place where the period of admission is fully defined?

However, the lawyers are saying that its any six years in the US.

2006 was over 8 Years back and you were not in H1 status in last 6 Years hence I dont think you are cap exempt.

This is my opinion not legal advice.