H1B: Extension for Cap Exempt Visa(unused H1 visa during of 6 years)

[srinu_bits]

Visa Type: H1B

1st time came to US on H1: VISA valid for 3 years

Period of stay : May 2003 to Mar 2006 (about 3 years)

Applied for H1B extension, got approved but went back to India. (point to note: did not used this extension)

Changed employer in India.

New Employer applied for H1B as Cap Exempt in 2012 since the H1 visa i had earlier was not fully utilized.

Cap Exempt case: unused time in the 6 years Max for H1B.

I Got H1B Visa under Cap Exempt, visa valid till 01 Dec 2014. Came to US in June 2012, right now in US.

Question:

Can i get extension after Dec 2014?

Friends/people i spoke have different opinion about it.

few say - As i was out of US for more than an year my case could be considered and new cycle of H1 with 6 years is applied.

other opinion is - i might not be considered for extension since i'm using the remaining time of original visa under cap-exempt

I know its a twisted one, but hope to get some confidence before going to a lawyer.

thanks for looking. Have a good one.

[nandac]

>New Employer applied for H1B as Cap Exempt in 2012 since the H1 visa i had earlier was not fully utilized.

>Cap Exempt case: unused time in the 6 years Max for H1B.

so was that earlier h1 visa between 2006 and 2009? and you were able to avail of that time period with the 'remainder option'?

can you tell me which lawyer the company used to get the cap exempt extension please? thanks.