H-1B cap exempt help!!!

[dev2design]

I was working with Company A in India and they filed H-1B petition for me and got it approved in 2006 May (2007 qouta). I stamped the visa from India only in 2008 but was unable to travel due to project requirement changes.

I continued to work for Company A and in 2010 they applied L-1B for me.I traveled to US on L-1B in Oct, 2010 and currently working in USA with the same visa/same company.

If I accept a position now and the new company applied H-1B for me, will it be cap exempt and I can start immediately? I know there is some last 6 year rule, but the problem is my H-1B got approve in 2006 May so the cap exemption is valid only till 2012 May? Or will I be cap exempt till next year or so?

This is very important for me for accepting a position, the immigration lawyer I consulted was not very sure if the 6 year time frame has expired and whether they will take my case into account at all as I did not travel in my previous H1B.

Giving the dates again for your reference.

H-1B approved date: - May 2006
H-1B stamping date: - Jan 2008 (did not travel)
L-1B travel date: - Oct 2010 (Currently in USA with L-1B )


Thanks