H1B recapture/cap exemption

[andukuri]

I got my first H1B visa from my employer around SEP 2005, I traveled to US 3 times with total duration around 5 months. Then H1B Visa expired, extended around OCT 2008 and that visa too expired on SEP 28 2010, but I did not travel during the extension period. My last visit to US on H1B was Jul 2007. Later I traveled on L1A for one year and returned back around OCT 2012.
Please let me know whether I can go for cap exemption or recapture of H1B based on this information. I am getting different opinions from different attorneys.
Now I have an offer and LCA also approved 2 days back, but I am not sure whether my extension petition will get approved or not, Yet I have to file petition.

IMP-
H1B visa expired around 6 yrs 10days back.
Last visit on H1B was 9yrs back.
Last visit on L1A was 4yrs back.

Pls let me know 1) whether I am eligible for cap exemption or recapture 2) If I choose premium filing if petition get rejected what will be the cost for me.

Thanks for your time

[raghvi]

I got my first H1B visa from my employer around SEP 2005, I traveled to US 3 times with total duration around 5 months. Then H1B Visa expired, extended around OCT 2008 and that visa too expired on SEP 28 2010, but I did not travel during the extension period. My last visit to US on H1B was Jul 2007. Later I traveled on L1A for one year and returned back around OCT 2012.
Please let me know whether I can go for cap exemption or recapture of H1B based on this information. I am getting different opinions from different attorneys.
Now I have an offer and LCA also approved 2 days back, but I am not sure whether my extension petition will get approved or not, Yet I have to file petition.

IMP-
H1B visa expired around 6 yrs 10days back.
Last visit on H1B was 9yrs back.
Last visit on L1A was 4yrs back.

Pls let me know 1) whether I am eligible for cap exemption or recapture 2) If I choose premium filing if petition get rejected what will be the cost for me.

Thanks for your time

I dont think you are cap exempt as petition expired more than 6 YEars back, as well as you were not in H1 status in last 6 Years.

This is my opinion not legal advice.

[andukuri]

I dont think you are cap exempt as petition expired more than 6 YEars back, as well as you were not in H1 status in last 6 Years.

This is my opinion not legal advice.

Raghvi, Thanks for the information and opinion.

[bayou]

1) whether I am eligible for cap exemption or recapture 2) If I choose premium filing if petition get rejected what will be the cost for me.

1. You are cap-exempt if you have not exhausted your 6 years of stay. No time limit. This is a grey area, there are cases that have been approved/rejected
2. Cost will be ~$2400 for premium processing + lawyers charges. If the number of employees is less than 50, the cost is lower. Please check the website. The employer pays for the visa cost. Its illegal for you to pay the visa fees

[andukuri]

1. You are cap-exempt if you have not exhausted your 6 years of stay. No time limit. This is a grey area, there are cases that have been approved/rejected
2. Cost will be ~$2400 for premium processing + lawyers charges. If the number of employees is less than 50, the cost is lower. Please check the website. The employer pays for the visa cost. Its illegal for you to pay the visa fees

Thank you bayou, I have not exhausted 6 years, I am so much confused with this grey area. Rules on paper are different and execution is different. If there are atleast few cases who got approved I can apply confidently.
Seems cost which was told to me by my consultant is also different, it was appx. 5100 for premium including lawyer's cost.
Please let me know if you know any cases who got approval, then I can confidently go for premium processing.

This is what i read in one site.
* Recapturing Time Spent Outside the US
An H1B holder may apply for an H1B extension and “recapture” days spent outside of the US.
If the H1B visa holder was outside the US in the 6 years they held H1B status, they can recapture those days in an H1B extension application.

Cap Exempt New H-1B
If you have an H-1B visa stamped in your passport and the expiration date is within the past 6 years, you are eligible for a new cap exempt H-1B.

Another site says, i must be in US in last six years with H1B status for cap exempt or recapture

[andukuri]

H1B recapture/cap exemption

1. You are cap-exempt if you have not exhausted your 6 years of stay. No time limit. This is a grey area, there are cases that have been approved/rejected
2. Cost will be ~$2400 for premium processing + lawyers charges. If the number of employees is less than 50, the cost is lower. Please check the website. The employer pays for the visa cost. Its illegal for you to pay the visa fees

bayou, you are absolutely correct. I have got approval. Thank you.