Expired H1b Renewable- Does 6 Yrs approval time frame logic apply to me? URGENT

[vikonline]

Hi,
I had my H1b applied via cap in Nov 2007 through company A.
I came to US on company A in Feb 2008.
I had my visa renewed which was valid till Dec 2012.
Now, I came back from US in Feb 2011 to India.
I changed from company A to company B and to company C in India.
In the meantime my H1b extension which was valid till Dec 2012 had expired.
Now (i.e. Jun 2014) can my company C apply my remaining H1b years using the OLD H1B? I think there is a rule which says you can apply on your old H1b within 6 years of your 'LAST APPROVAL'. If so, am I eligible for applying? Please advice. It is URGENT.

[snehanew]

Hi,
I had my H1b applied via cap in Nov 2007 through company A.
I came to US on company A in Feb 2008.
I had my visa renewed which was valid till Dec 2012.
Now, I came back from US in Feb 2011 to India.
I changed from company A to company B and to company C in India.
In the meantime my H1b extension which was valid till Dec 2012 had expired.
Now (i.e. Jun 2014) can my company C apply my remaining H1b years using the OLD H1B? I think there is a rule which says you can apply on your old H1b within 6 years of your 'LAST APPROVAL'. If so, am I eligible for applying? Please advice. It is URGENT.

Yes CAPEXEMPT new petition

[vikonline]

Yes CAPEXEMPT new petition

Thanks Sneha for the response. My Q is:

- Is the 6 years counted as ' from the time the H1B was approved' (which was Nov 2007)

or

- Is it from the last valid H1b Status held by me (which was Feb 2011)

Please advice.

[raghvi]

Its OR. In your case you can use the clause of 6 Years from last held H1 status, which was Feb 2011 for you.

Read around for H1B Remainder Time Rule.

This is my opinion not legal advice.

[vikonline]

Its OR. In your case you can use the clause of 6 Years from last held H1 status, which was Feb 2011 for you.

Read around for H1B Remainder Time Rule.

This is my opinion not legal advice.

Thank you so much.