H1B Cap exempt renewal after 6 years

[pg@1234]

 

I have a question regarding the H1B Cap. My H1B Visa issued in May, 2005 under the 20,000 Masters Degree cap.

My US stay dates are as follows -

 

Year	Days in US	Visa
2005	190	H1B
2006	340	H1B
2007	325	H1B
2008	280	H1B
2009	0
2010	244	L1A
2011	350	L1A
2012	42	L1A

 

I have a company that is willing to file an H1B visa for me but they will not wait till next October for me to start.

I came across this article - https://redbus2us.com/apply-h1b-after-6-years-to-recapture-unused-time-uscis-rule

Can the balance of the 6 years of the H1B be claimed after so many years? Can the company file the application for me as cap exempt? If yes, will I get 1055 days (2190 - 190 - 340 - 325 - 280)?

Thanks!

[Attorney_15]

Generally, the law does not impose any limits on how long after one last held H1B status that one can return to H1B status. However, time in L1 status counts against the 6 year maximum amount of H1B time allowed under the law.