H1B expired in Dec 2017, can it be used by a new employer for transfer while i am in India

[vshelar]

Hi,

@pontevecchio @JoeF

My H1B petition was first approved in OCT 2016 for 1 year till DEC 2017. On this visa, I travelled to USA & stayed  till 30 APRIL 2018. My Visa got expired on 31 DEC 2017, The JAN 2018 to APRIL 2018 stay was on grace period as my extension was filed but my RFE was not answered by my employer.

I returned to India in APR 2018 and since then i am in India and  never travelled to USA.

Now today i am with new employer, I would like to use same H1B's unused time i.e. (4Yrs 9 Months ). 

So My questions are as below;

1.  Am i eligible for CAP Exempt H1B transfer and Extension ?

2.  Some says that as i was not in any US status in last 6 Year( DEC 2017 till today) i can not apply it for H1B CAP exempt. is that true? 

3. Are there more chances of H1B extension petition rejection as its 6 years old.

 

I highly appreciate your response on this.

Thank you in advance.