My H1 petition was filed in 2008 and got active on Oct 2008.I first travelled to the US in 2011.Had an extension done in 2011 and later in 2013.I last worked in the US until Dec 2013.My H1 is expiring in June 2015.I never stayed in the US for complete 6 years on my H1 petition filed in 2008. Once my VISA expires, am I eligible to file for a H1 out of cap(H1 cap exempt)?
You can reclaim the time that you were out of the US when you file your next petition.
Yes you will be under cap exempt and file any time of the year to use your remaining 6yrs of stay at US. email me if you want to file for transfer come extension as your visa is expires by Jun 2015.