Previous H1B petition expired. Applying for new H1B

[gauravhawk]

I got Master’s degree from Ohio State and then worked for a company on H1B for approx 6 months (Oct 1, 2010 till April 7, 2011). Then I quit my job and left for India and still am in India (now for 2 years). Now I am coming back to USA for my MBA on F-1 visa. After MBA, if some company is willing to sponsor my H1B, then will I be counted against the fresh Quota for that year or I can get a new H1B right away and NO CAP subject based on my previous approved BUT NOW EXPIRED H1B petition?

Please clarify.

Thanks,
Gaurav Jain

[kabkaba]

If it is within 6 years of the previous petition expiry date, the new employer can file a cap-exempt petition. But you will only be eligible for 6 years minus the time spent in the US in H1 status.

If a cap-subject petition is filed (you are eligible for that since you have spent more than 1 year outside the US), you can get full 6 years.