H1 non cap after max out

[Radha81]

Can I file a new H1 not subject to cap (counted against earlier year's cap, but not an extension of the old H1)?

Total time spent in US - 5 years 10 months (Oct 2005 - Nov 2011, stays outside US reclaimed)

Visa and I94 expired Jan 2012

Oct 2005- Sep 2009 - Was on L1B, converted to H1 Oct 2009.

Completed more than 365 days outside the US - so max out has been reset. Presently in India.

Thanks

Radha

[JoeF]

To get a full 6 years, an employer would have to file a new H1 for you in the cap.