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H1-B to L2 to H1-B

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  • H1-B to L2 to H1-B

    Hello friends,

    Let me first describe my situation:

     I was working for a company ‘A’ till September 2013 on L2 – EAD. I had filled H1 B in the same year and it got approved
    on second week of October 2013. But due to some personal reason I had to travel internationally. When I have to return
    back I have to return on L2 visa at Point of entry.
     My employer said your approved H1B is no longer valid as I entered the Point of entry with L2 visa.
     Now almost one year after that now I ‘am looking for a job.

     My questions are:
    1. Can my old employer who had filed for my old approved h1 B or some new employer can re-apply for my new H1 B
    based on my old approved h1 B.
    2. Will my new H1 B filing will be cap –exempt or do I have to go through the regular quota system i.e. I have to
    apply on April 1 2015.

    Please note I never get the chance to work on H1-B because it was only 2 to 3 weeks of time between the h1-B visa
    approval and my travel outside the US.

    After having described my current situation, I need guidance from you people:
    (Thanks in advance for reading this post and your answers)