H1B EXTENSION AND PERM FILING AFTER H1B EXPIRY DATE

[Max007ind]

Hi,

I have stayed in USA for almost 6 years and have returned to my home country when few more days were left in my H1B. Date of my H1B Expiry was 17-JAN-2016. I left USA for good on 30-Dec-2015.  Since I want to work in US now, my current employer filed a new H1B. But my application did not get selected in lottery process.

Hence I would like to check whether I can file  H1B OUT OF CAP with my little period left from my previous H1B and the process to file for PERM after that. Below are my entry and exit dates to USA. Assuming total number of days permitted for H1B is 2190 days ( 6years 365*6 ). Seems I have 12 more days left on my previous H1B.  It would be great if someone could guide me in this regard. 

Entry	Exit	Days
15-Jul-06	9-Nov-07	483
9-Dec-07	21-Feb-09	441
22-Aug-10	25-Feb-11	188
20-Mar-11	21-May-12	429
5-Sep-13	7-Feb-14	156
21-Aug-14	30-Jan-15	163
16-Feb-15	30-Dec-15	318
		2178	Total Days

 

Thanks in Advance!!