Cap exempt eligible?

bmpUser

New Member
I worked in USA in the past with companyA completing 5 yrs in L1B. CompanyA applied H1B and then later i transferred my H1B to CompanyB. After completing 6 yrs [l1b+h1b] in US, i came back to India in Nov 2013 and working with companyB since then. I completed 1 yr outside US last year Jan 2015 and companyB did an analysis if i am eligible for cap exempt category and said i am not eligible. Same employerB did an analysis this year with different attorney and now they are saying i am eligible under cap exempt category and i have 3 yrs left in my previous H1B. Basically they are now saying that i used only 1 yr of my previous h1b and i can reclaim my visa under cap exempt category. though 6 yr clock is reset they say i have used only one year of my h1b. not sure why they denied in last year's analysis.
a) I am interested in knowing if i am cap exempt?
b) If i trust companyB's immigration and go to stamping are there chances of getting rejected?
 
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