I was in the US from September 2003 till December 2006 (3.3 years stay) on H1B (approved in 2003 and extended in 2006 till November 2009). I re-entered US on L1 in April 2010 and remained till April 2011 (1 year stay) and exited US (all with Company A).
Is the H1B that was valid till 2009 useful now to apply under cap-exempt category for the reminder 1.9 years (I now have an excellent offer from Company B for 1.9 years but only if I can relocate to US on valid visa)?
I reviewed many forum posts and there is conflicting information - is the cap-exempt possible from date of original H1B approval (2003) or date of expiry (2009)
If you are counted against the cap within the last 6 years you are cap exempt. In your case you were counted against the annual h1 cap in 2003 that is why you are not cap exempt. BUT since you did not spend the whole 6 years AND you stayed out of US for more than 1 year I think you can still re capture the time spent outside the country and get your H1 done for the future employer without having to wait for the next year cap. Again I’m sorry I know I am also giving you contradicting information but this is the most logical thing I can think of. You need to wait for more senior members to give you an answer on this or you need to get in touch with an immigration attorney.