H1B Cap Exempt Unused Period

Hello Forum,

I was in H1B status in USA till 1-Oct-2009 & returned to India though petition/visa was valid till 31-Dec-2011. Till 1-Oct-2009, I have used 3 Yrs 2 Months period of my H1B Visa (& during this period got the H1B extension). I am current in India and planning to relocate to USA. My wife is travelling on L1A Visa.

Few Questions:

  1. Can I get H1B transferred & used unused period using H1B Cap Exempt?

  2. Till which date, I should get my H1B filed under cap exempt category for new employer? It will be 6 Yrs on 1-Oct-2015 since I returned from USA.

  3. My wife’s organization will file her Green card in next 1 year. Do I need to come back after completion of H1B 6 Yrs window even if her GC is filed.

Appreciate response on these queries.