Hi Indu,

I was on L1-B visa working for Company A from aug-06 to jul-09 and went back to India. I got H1-B consular processing from company B valid from Sep-2009 to Sep-2010 (just one year). I came back to US on old L1-B from company A on jul-10 and got extension till jul 2011. I would like to know whether I am "cap exempted" from H1 as I had an approved H1. I know max I can stay 6 yrs (H1+L1) but my main question is if a company (say C) agrees to apply for H1 (say March 2011 once the 2011 quota is over) Can I used my old petition as a proof for cap exemption (if yes how long)? Please note I have never used, never came to US or never stamped using that H1 petition, It just approved and due to recession I could never utilize. Please clarify.

Thanks
George