Want to know about H1b extension after it is expired

My spouse was in the US from 2006 to 2009 on an H1b. His Visa was stamped in 2006 November. The Visa expired in April 2009 and he returned to India.

Currently I am in the US on a H1 and he is holding a H4, but he is working in India. Is it possible to extend his H1 now?

H1b is extended beyond 6 years limit only if PERM LC is filed in last 365 days or I140 is approved or pending.

if he has neither, he has to go visa H1-B cap I am afraid.

Hope this answer the question.

Usually he would have been cap-exempted until 2015 (6 years from the time he left US). However, there have been experiences shared where USCIS has approved cap-exempt petition even beyond that 6 year time frame.

So find an employer who is willing to do so, and let their attorney file a cap-exempt petition for him.