Out of CAP H1 eligibility and period

[ngiddaluru]

I need advise on my situation explained below:

I had the following H1B statuses, all through the same employer:
1. CAP subject H1B approval in 2006 with validity from 01-OCT-2006 to 01-OCT-2009, stayed in H1B status in the US from JAN-2007 to FEB-2009.
2. Not subject to CAP H1B approval in 2009 with validity from 15-OCT-2009 to 01-OCT-2012; stayed in H1B status in the US from JAN-2010 to OCT-2010, and JAN-2011 to JUL-2012.
3. Not subject to CAP H1B approval in 2012 with validity from 01-OCT-2012 to 06-JUN-2014; stayed in H1B status in the US from AUG-2012 to AUG-2013.
4. Since AUG-2013 I am staying in India, with the same employer. I do not have any other US visa.

Now, another employer is willing to file a H1B petition for me, and as per them I am eligible for another 6 years H1B not subject to CAP.

Does my case qualify for out of CAP H1B, and if yes, would I be eligible for another 6 years of H1B period ?

[raghvi]

I need advise on my situation explained below:

I had the following H1B statuses, all through the same employer:
1. CAP subject H1B approval in 2006 with validity from 01-OCT-2006 to 01-OCT-2009, stayed in H1B status in the US from JAN-2007 to FEB-2009.
2. Not subject to CAP H1B approval in 2009 with validity from 15-OCT-2009 to 01-OCT-2012; stayed in H1B status in the US from JAN-2010 to OCT-2010, and JAN-2011 to JUL-2012.
3. Not subject to CAP H1B approval in 2012 with validity from 01-OCT-2012 to 06-JUN-2014; stayed in H1B status in the US from AUG-2012 to AUG-2013.
4. Since AUG-2013 I am staying in India, with the same employer. I do not have any other US visa.

Now, another employer is willing to file a H1B petition for me, and as per them I am eligible for another 6 years H1B not subject to CAP.

Does my case qualify for out of CAP H1B, and if yes, would I be eligible for another 6 years of H1B period ?

You cannot be eligible for out of cap as well as fresh 6 years H1 when you already spent the time on that H1. You have two options, either as employer to file fresh H1 in the cap that opens in April 2016, go through lottery and if approved you will get fresh 6 Years. OR have employer file cap-exempt H1( out of Cap) but you can only claim 6 Years minus time already spent in past in H1 status (around 2.5 Years, but do your calculation of time spent in US in H1)

This is my opinion not legal advice.