H1B petition expired,new h1 B visa process

[Aastha]

I was on OPT and it expired on 04/05/2011 and employer filed for new H1 B visa on 04/01/2011 and was approved on July 2011 for an year(10/30/2011-09/30/2012).The employer sent a wrong check to USCIS and they returned it back and it was resent on 04/20/2011 so I qualified for OP cap gap but couldnot continue working and had to go back to India.I came back to US in April 2012 on H4 visa as I got married.Since I dint enter US on H1 visa,it was never activated and it got expired I am not sure If I will be cap exempt.If am employer is wiiling to file an h1 b visa for me what are the options?
Option1:Should I wait for the h1 B quota in April 2013 and file H1 B visa and then once it is approved,wait till September 2013 and start working from October 2013.
Option 2:Can any employer file a new h1 B peition now and once approved,I can start working.

Please advice on this situation.

Thank you for taking time to read my post and any inputs are appreciated.
-Aastha

[kabkaba]

Since you have had an H1 petition approved for you in the past, you are eligible for a cap-exempt petition.

[Aastha]

Since you have had an H1 petition approved for you in the past, you are eligible for a cap-exempt petition.

Hi Kabkaba,
Thanks for the reply.How do I confirm that I am cap exempt?

[kabkaba]

Your employer can hire an experienced lawyer and they will know how to handle this.

[Aastha]

Your employer can hire an experienced lawyer and they will know how to handle this.

My Employer is not willing to handle this further.I need to find someone who will file h1 B for me in this April 2013.I am currenlty on h4 visa and looking for a contrcat or a full time job and a H1 B sponsor.Please advice.

[kabkaba]

This is an immigration forum. You can try at various job sites and try networking through your friends and family.