H1B recapture for a very old H1

[OldH1User]

I had a H1(cap exempt)  from 2005 to 2009 and used 4 years and 6 months on the same. I returned to India in 2009. I later visited US again on L1A visa from November 2016 to feb 2020  and returned to India. My current employer will not reapply for the visa again as they have a  1 year rest period before they will reapply ( since they will get 6 years again).  Due to the current covid-19 situation, this time frame might get extended beyond the 1 year. The internal policies of the immigration team in the company also insists that H1 recapture is will be done only within 6 years from the initial departure from the USA and only for the cases where the pending time is more than 2 years.  So I am looking for a way to come back on my own. I have the following questions

1. Is there a time limit on the recapture the unused portion of the H1(1.5 years pending) and come back to US.

2. Since I was on L1A for 3 years does this have any impact on the recapture.

I read the this forums and find conflicting information and not very clear.

 

I approached a couple of employers in US and he said that I am not eligible because of 2 reasons. My old H1 was active 11 years back and since I stayed in US in L1A for 3 years.

Kindly let me know if I can apply for the recapture.

[OldH1User]

more references 

 

 

 

collecting more information 

 

[OldH1User]

Hi Moderator, please approve this content.