New H1B or Exempt H1B cap

[sun29]

Hello all,


This is Sunil and i want to post my query in this forum and want to get fruitful outcome of it.

I have worked in usa after completing my m.s in computer science. I worked from Jun 2006 to Nov 2009 and then got laid off due to recession and my H1b was revoked, I moved to india and currently working in india.

I have query:

If my new employer want to file my H1B, He should file it as new H1b or through H1b exempt quota(as I was allocated h1b on 2006 quota).


I will highly appreciate your replies as it worth everything for me now.

Thanks,
--Sunil

[kabkaba]

Yes, a cap-exempt petition can be filed and immediate start date may be requested. But it will only give you the remainder period (6 years minus time spent in the US in H1 status).

If a fresh cap-subject petition is filed, you can get the full 6 years. But that will have to start on or after Oct 1.