Using Expired H1b petition

[silverprince]

Hi,

I first got my H1b petition approved in Jun 2004. I made 2 visits to US

4/Dec/2005 to 30/Jan/2006
24/Sep/2006 to 2/Dec/2006

No further travel. Visa expired in Feb 2007. I changed employer.

I got married in Jan 2012 and my wife is L1 holder. I applied for L2 and I got it last week.

My question is, if I apply for a fresh H1b, am I cap exempt or not?

Thanks,
Hari

[kabkaba]

Most probably not. USCIS only considers petitions within the last 6 years.

[silverprince]

Wrong!

Most probably not. USCIS only considers petitions within the last 6 years.

I applied for H1b and got it. To clarify, petition is valid "if the person is in US with H1b status in the last 6 years" and not "6 years from petition approve date"