Can I be a CAP Exempt ?

[NaveenBNK]

Dear all,
1. ) I had a H1 B Issued with Reciept Number -xxx,
reciept Date June 20, 2005 , Valid from 10/03/2005 TO 09/30/2008.

I got visa to come to usa on 18 jan 2008 . I first travelled to USA on 31 MARCH 2008 from india on the above H1B.

2.) i extended my H1B Reciept Number xxxx With the same employer
reciept date August 29,2008, Notice date -October 9, 2008
class h1b valid from 10/01/2008 TO 09/30/2011

I came back to india on 27 Feb 2009 .

Can i be considered as Cap exempt if i want to file a h1b using the above now

[raghvi]

Dear all,
1. ) I had a H1 B Issued with Reciept Number -xxx,
reciept Date June 20, 2005 , Valid from 10/03/2005 TO 09/30/2008.

I got visa to come to usa on 18 jan 2008 . I first travelled to USA on 31 MARCH 2008 from india on the above H1B.

2.) i extended my H1B Reciept Number xxxx With the same employer
reciept date August 29,2008, Notice date -October 9, 2008
class h1b valid from 10/01/2008 TO 09/30/2011

I came back to india on 27 Feb 2009 .

Can i be considered as Cap exempt if i want to file a h1b using the above now

I don't think so. Your 6 years expired in Feb 2015. Nonetheless I have seen rare cases where the person has been considered cap exempt, no harm in getting the employer to file.

This is my opinion not legal advice.