Old H1B approved petition for transfer


Upinder

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My H1B petition was got approved in Oct 2006. However, I went to the US not before Feb 2007 and came back in Mar 2009. So, effectively I used only about 2 years on this petition and around 4 years might still be available as unused time. Also, after this I went to US on F1 visa in Aug 2011, stayed on F1 till Sep 2014 and started using my new approved H1B (different from above petition) since Oct 2014. I stayed in US for about 6 years and came back to India in Nov 2020.

My question is whether the H1B petition which was approved in 2006 can be used to count me as CAP exempt? I want to use that petition as it has some significant amount of time left unused. The other H1B approved petition that I had (which was approved in 2014) has only about 8-9 months of unused time left on it (due to my frequent travels to India).

Please advise on whether my old H1B petition can be used by my current employer to count me as CAP exempt. 

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