Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.
Yes, you are still cap exempt and entitled to use the remainder time of your 6 years excluding 2/2009 - 5/2009.
Your new petitioning employer may apply for your H1B petition for the initial maximum of 3 years and then seek extensions until you have completed the full 6 years.
I am unclear on what your question is regarding the process. Your employer must file the request for prevailing wage with the Dept of Labor.
They then must obtain the Labor Condition Application prior to filing the I-129 with USCIS.
You need to provide the evidence of your departure from the US in May 2009 with either your airline ticket and boarding pass or other official record of your entry into your home country and complete copy of your passport showing you have not entered the US using the H1B visa since departure.
Work records, your country tax records, also work.
You can also go online and get a print out of your your arrival/departure record from the CBP but that is not always accurate.
That is all you need to prove you are cap exempt,in addition to a copy of your old I-797.
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