Visa Validity - In case of a quota Exempt case

[krisho007]

Hi friends, this is for my collegue.

He has already been on H1 for 5 years between Aug 2003 to July 2009 .
After July 2009, he has been working outside US.

Now when he applies for H1, I believe he can apply as quota exempt.

So in this case, what can be the maximum validity for his H1 visa? Will it be only one year? (6 years - 5 years). If it is only one year, he would like to apply for the fresh quota, rather going for quota exempt.

Please advise.

[shervin143]

It is advisable he files his H1B on a fresh quota in April 1st 2011 and start working from Oct 1st to get a fresh 6 year term on a new H1B CAP.

If he uses the CAP from the old H1B, then he will get only 1 year and he will have to spend 1 year outside U.S again to get a fresh 6 year period.

[krisho007]

thank you

thanks you shervin143.