I am writing this to get your opinion as I do not find exact situation discussed in this forum.
I was with Employer A, USA for full 5 years, using L1-B, including recapture timings.
I exited USA by Jan-2016, after 5 years of L1B term as I cannot physically be present in USA due to 5 year restriction on L1-B visa and moved to India.The same employer A secured H1-B, Receipt date April/2016 which is valid from Oct-2016 – Nov-2017. This is unused and unstamped. And Its been more than one year since I am physically outside USA from the exit date Jan-2016.Question:If I go for stamping with Employer -B now, that is after one year Cooling-off period, using my already approved H1B petition (cap exempt category) - Will I get 3 + 3 year on this H1B or Just one year only as I was in L1B for 5 years?Please note that approved H1B petition was filed during my 6th consecutive year, but I was outside by that time. I have read in some forum that new H1B is eligible for 3 + 3, only when H1B petition is filed after I being one year outside. When this H1B was filed, I did not complete one full year outside USA. I am not sure if this is binding . Thanks for your help.ThanksThanga.