Reclaiming previous h1b under cap exempt


bmpUser

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I worked in US between 2007 till Oct 2012 in L1B under employerA [5 yrs]. employerA filed  H1B in 2012 and later I transferred the same to employerB working in US for 1 yr. since I spent 6 yrs in l1b+h1b together I returned back to India in 2013 end.

 

Since I spent more than 1 yr outside US now, employerB is planning to reclaim my previous H1B and file it under cap exempt category. employerB & their attorney has analyzed and they are now telling that I am eligible for cap exempt category and I have 3 yrs left in my previous h1b which was used only for 1 yr.

 

But same employerB and different attorney said I am subject to cap when they analyzed my case last year. even some attorney's in this murthy forum said I would be subjected to cap last year. I am worried if I go ahead under cap exempt category with employerB is there a chance that USCIS reject my case since there is confusion between cap & cap exempt for my case. any suggestions?

 

also if I transfer my previous h1b to employerC will it complicate my case even further?

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