H1B recapture of time more than 6 years after the last petition approval

[noorbw]

Need assistance with my situtaion to determine if I can file for H1B as cap-exempt -

1. Completed MS in 2004 and started working on first H1B in May 2005.
2. Renewed H1B in May2008 (valid through May 2011)
3. I140 Approved in 2009 with priority date of September 2008.
4. Returned to India in May 2010 (1 year before completing the second H1B time)

I want to apply for H1B this year but my consultant says that since 6 years have elapsed since my second petition approval (from May 2008) in 2014, I will need to file as new H1B and can not be cap-exempt.
Can one of the immi experts confirm that this is the case or if there is any way I can still file as cap-exemt?

I would really appreciate expert help. If needed I am willing to pay for a good lawyer for the consultation.

Thanks

[raghvi]

Need assistance with my situtaion to determine if I can file for H1B as cap-exempt -

1. Completed MS in 2004 and started working on first H1B in May 2005.
2. Renewed H1B in May2008 (valid through May 2011)
3. I140 Approved in 2009 with priority date of September 2008.
4. Returned to India in May 2010 (1 year before completing the second H1B time)

I want to apply for H1B this year but my consultant says that since 6 years have elapsed since my second petition approval (from May 2008) in 2014, I will need to file as new H1B and can not be cap-exempt.
Can one of the immi experts confirm that this is the case or if there is any way I can still file as cap-exemt?

I would really appreciate expert help. If needed I am willing to pay for a good lawyer for the consultation.

Thanks

I would suggest you take opinion of a good attorney as I believe you have time until May 2016 (6 Years from last held H1 status date May 2010) to file the recapture time.

This is my opinion not legal advice.