Question on H1 cap eligibility criteria

[h1capguy]

Dear Experts,

Need your expert advice on my question on H1 Cap eligibility and criteria:

Details:

My prev employer (Emp A) sponsored me a H1 in 2004 valid thro 2007. This H1 was active and stamped. I travelled to US

in 2005 and was working here for 2 months, before I had to depart to India for unfortunate reasons. Since then I did

not use the remainder of the H1.

In Oct 2007, I travelled to US again on L1 with my current employer and I am in the country since then.

Now I have a little over 1 year and 3 months left (considering my vacations) to hit the 6 year period in US.

I am now at a point to move out to find another job and I wanted to check in this group whether my previous

H1 can be used to excempt from the H1 Cap.

Questions:

1. What is the eligibility criteria to apply with H1 cap exemption? With my history, Am I eligible to use my H1 issued in 2004 with Cap exemption?

2. How much does it cost to process this H1 cap exemption?

Would greatly appreciate if any of you can guide me here.

[pontevecchio]

h1 PLUS l1 STATUS PERIODS ARE ADDITIVE. hence YOU ARE RESTRICTED TO A TOTAL OF 6 YEARS IN l1 AND/OR h1 STATUS.

[h1capguy]

h1 PLUS l1 STATUS PERIODS ARE ADDITIVE. hence YOU ARE RESTRICTED TO A TOTAL OF 6 YEARS IN l1 AND/OR h1 STATUS.

Thanks for responding to my questions Pontevecchio. I appreciate it.

Regarding your point.. I completely understand and agree. However, my tenure including the H1 and L1 has not exhausted the 6 year period yet. In this scenario can I use the H1 issued in 2004 to excempt from H1 cap?

Pls advice.