Reusing very old H1B

[AnytimeUS]

Hi,

Here is my case:

H1B approved in Jan 2000. Worked on it in US for 6 months in the same year 2000. Back to India in Dec 2000.

Worked on L1B from 2003 till Oct 2007.

Worked on new or cap counted H1B from Oct 2007 to Nov 2008.

Returned back to India in Nov 2008. Currently in India.

Question - Can I recapture unused time (5.5 years) from the first H1B  (approved in year 2000)? Can that H1B transferred to new employer now?

I saw that as per new rules unused H1B time can be recaptured at any time.. no time limit. In my case I have 2 H1Bs so, please clarify.

[JoeF]

Since it is more than 6 years ago that you were in H1 status that old H1 is gone.

[AnytimeUS]

Was reading earlier posts like this

https://www.murthy.com/2016/11/23/i-was-in-h1b-for-a-couple-of-years-and-then-left-in-2009-can-i-file-a-cap-exempt-h1b-to-claim-remaining-years-now/

which say that there is no time limit.

I think it is based on this rule https://www.federalregister.gov/d/2016-27540/p-1138

Can someone please clarify. Thank you.

[pontevecchio]

The 6 year limit means 6 years over 40 if you choose as long as the H1 Program exists.

L1 time is added to H1 time. The only way you could have another cap subject H1 was to apply in 2009, April.

You are not eligible. The fact remains that the remainder option of the H1 is valid for eternity as long as the rules hold and the H1 program exists and you still qualify based on credentials.