H1 Approved once and expired. Am I need to wait for Quota to apply again?

[Mallii]

Hi,

I was there in USA from April 2007 to April 2013. Initially I came on L1B but later comp has applied H1 and got it on Nov 2011. I have moved to India as I have completed 6 years by April 2013 (just left 3 weeks before) in USA and labor pitition was pending (this was applied on Jan 2013). I am planning to stay one year outside which I am going to complete it in next 2 months. I am planning to request my comp to process H1 again. I would like to know am I eligible to H1 cap exemption?

Thanks,
Malli

[daveh1b]

Hi,

I was there in USA from April 2007 to April 2013. Initially I came on L1B but later comp has applied H1 and got it on Nov 2011. I have moved to India as I have completed 6 years by April 2013 (just left 3 weeks before) in USA and labor pitition was pending (this was applied on Jan 2013). I am planning to stay one year outside which I am going to complete it in next 2 months. I am planning to request my comp to process H1 again. I would like to know am I eligible to H1 cap exemption?

Thanks,
Malli

To the Best of my knowledge -- No . Your is a brand new case , and with the cool off period (1 yr) given , your application would be considered a fresh along with people applying first time this year.
Unless you want an H1 extension (based on filed labor/approved I-140) , it would be a brand new case and would be considered in line with other applicants.
This is my opinion and does not consider a legal advise . you may consult an immigration attorney to be double sure.