question on H1 extension.

[spantula]

Need help - Would like to know whether I am eligible for H1B extension with the following case –

Company A

• Got my 1st H1B in Dec 2004 till Aug 2006. Came to US in Dec 2004.
  
• Filed extension in 2006 while in US and got an extension till Oct 2007.
  
• Went to India in Apr 2007 for a personal trip and got it stamped. Again got H1B till Oct 2007
  
• Filed my 2nd extension in Sep 2007... I didn't get any update on my extension will May 2008. I have been advised to go back to india and went to India in June 2008.
  
• Finally, my visa extension got rejected in Aug 2008 (It happen to many during 2008.. i am not alone!)
  
• My company immediate re-applied for H1B stating “employee currently holds H1 in the last 6 yrs and hence exempted from H1b annual cap.”
  
• Got H1B approved in Oct 2008 and stamped it in Nov 2008 with validity till Apr 2011
  

However, I didn’t come to US till Sep 2009 due to personal reasons. I had out of US for about 15 months,

• Came back to US in Sep 2009.
  
• Filed extension in Feb 2011 and got the extension till Apr 2012.
  

I changed my company in Sep 2011.

Company B

• During H1B transfer to company B, got the extension till Dec 2012.
  
• Filed extension in Nov 2012 and it is in process now.
  

My question is, since I am out of US for 15 months, am I eligible for a new 6 yr term from Sep 2009?

Thanks.

[Attorney_22]

Generally, to apply for a new six year period of H1B due to an absence abroad of over one year, an H1B cap-subject petition needs to be filed requesting the new period and the Beneficiary needs to be eligible for this option at the file of filing. Due to the complexity of your question and timeline, it is advisable to speak directly with a qualified U.S. immigration attorney.