Used H1B for 1.5 year. went to India, came back to US . can H1 B filed out of cap ?

[tvani179]

1. My employer A filed H1 B, was laid off after 1. 5 years. told me that he was informing USCIS about this.( I think as part of revoke process)
2. My petition was valid for next one year.
3. Went to India after I lost my job and was in India for 2 years. and petition was also expired when I was in India.
3. Came back to USA on H4 now.
4. If I would like to for any new employer, what is the process? Can my H1 b re-filed in out-of-cap for the remaining period? Can any employer do this?

[raghvi]

1. My employer A filed H1 B, was laid off after 1. 5 years. told me that he was informing USCIS about this.( I think as part of revoke process)
2. My petition was valid for next one year.
3. Went to India after I lost my job and was in India for 2 years. and petition was also expired when I was in India.
3. Came back to USA on H4 now.
4. If I would like to for any new employer, what is the process? Can my H1 b re-filed in out-of-cap for the remaining period? Can any employer do this?

When was H1 issued? When were you last in US in H1 status?

[tvani179]

My H1 was issued in Dec, 2011. I left to India in Aug 2013. Till that period, I was on H1

[raghvi]

My H1 was issued in Dec, 2011. I left to India in Aug 2013. Till that period, I was on H1

Yes you would be cap exempt.

This is my opinion not legal advice.