H1 B Cap exempt post extension

[visquery]

Hi,

I had a query regarding the H1 Cap excempt eligibility.
I had my H1 applied and approved in Feb 2005 and travelled to US in May 2005. I was there from May 2005 till Feb 2007. I had extended same visa which got approved in Feb 2007 from US before returning to India. I came back to India after my extension was approved (Feb 2007)but never got it stamped and never went to US after that. And the H1 extension got expired in May 2009.

Now my company is planning to reinitiate the same H1 visa on CAP exempt. I understand that I have used only 2 years of my petition and still can use the remaining 4 years. But I sawfrom your site that the H1 visa out of cap can be applied only within the first 6 years of my first petition approval date. So in my case, it was first approved in May 2005 and now its 7 years after that and so seems am not applicable to reintiate. Or Will they consider the extension petition date which was Feb 2007 in which case am eligible now.

Any urgent help from you would be really appreciated

Thanks

[shervin143]

Considering the extension date (2007), you should be able to file a new petition using the same CAP.