First h1-b start date more than 6 years old. still eligible for cap-exempt

[sandeeprsharma]

hi all,

I had my first h1-b start date in Dec 2006. I worked for 2.5 years and then was laid-off. I got another h1-b approved in april 2009 but did not take up that job and moved back to india.

my question is since my first h1-b start date is more than 6 years old, am I still eligible for cap-exemption and can start working after visa approval and not wait till october.

i.e. can i still use the 3.5 years of unused h1-b and avoid fresh h1-b?

Please help me out with any relevant info.

Thanks.

[Attorney_25]

USCIS will consider you cap exempt, such that you do not have to wait until October 1 to start work. If you chose the option to be excepted from the cap, you will only be eligible for the time remaining of your first 6 years, rather than a full new 6 year period.

[raju7jagan]

since i only used 8 months of my h1b in 2009 before terminating it, will i still have chance to utilize remaining 5 yrs period when i apply for h1b now ?