URGENT - H1 EXEMPT Question

[Sri_H1]

Friends
I stayed 6 years in US -first 5 year in L1, last year in H1 (filed with CAP and COS and remained in US last year)
I came back last year march 2012 and its more than 1 year in India. My employer filed H1 for this year CAP, but it did not get selected in lottery.
Now they are exploring the possibility of filing NON CAP H1 against my earlier (6th year) H1.
Is this possible? please provide your inputs..

[kabkaba]

Since you have used up your 6 years, cap-exempt petition is not possible for you.

[Sri_H1]

Since you have used up your 6 years, cap-exempt petition is not possible for you.

Thanks for your quick reply.. I thought that is the case, by my employer said they have checked with attorneys and we can get 5 years out of the last H1 (filed in 6th year) as i have spent 1 year out of US already.. anyone else faced this kinda situation