Recapture of H1B time spent abroad

[chaniyur]

Hello,

I worked in the US from Feb 1997 to Sept 1998 on H1B Visa. After that I returned back to India. I again worked on BL1 for a total period of 18 months from 2003-2006.

I would like to check,

1. If a US Employer can apply for extension of my H1B status, as I have not utilized full 6 years on H1B. 

2. I would like to know, if I am eligible for cap-exempt category, with the option to  recapture time spent abroad.

3. I read in few online forums, that time spent abroad, can be recaptured within 6 years of Initial H1B petition approval. In my case, it is more than 13 years, will I still be eligible for cap-exemption, as I worked on H1B for less than 2 years.

Requesting your clarification.

 

Thanks in Advance for your help.

[jairichi]

1. Yes.

2. Yes.

3. Talk to an attorney from Murthy law firm.