I was working with company A between April 2003 to August 2007. I was put on US assignment on H1-B by this company. I travelled to US in Oct 2005 and was there until May 2007. My H1-B approval notice was valid till 6 Jan 2007. Since I was in US that time, I had filed for an extension in Feb 2007 itself at Onsite. I had to come back to India in May 2007 due to personal constraints and left company A in August 2007. As per USCIS website, H1-B extension request was approved in August 2007.
I joined company B immediately after I left company A. I went to US again in Jan 2010 on L1-B from this company and was there until May 2011. My Visa expired, sometime, in Dec 2012. I left company B and joined company A again in Feb 2012.
So my Total stay in US on H1/L1 is less than 6 years.
I do have a copy of I-797 from Company A. I do not have any documents for H1-B extension which I had filed in Jan 2007. I may not have any L1-B documents as i had to return it for Company B as part of exit formalities.
Two questions:1. Am I eligible for Out of Cap for H1-B?2. If answer to Q#1 is yes, what documents do I need to apply for H1-B Out of Cap?