H1b extension/renewal under cap or cap exemption

[parish]

I am now in h1b and it is going to expire on coming June. I applied h1b under cap exemption on 2009 and got the approval with out any problem. I am working as a teacher. But, last year (2010) one of my friend got job with the same employer and filed h1b under cap exemption like me. She got denial from USCIS saying "the employer is not cap exempt and refile under cap". Now her h1b is under cap and mine is under cap exemption. My visa is going to expire with in 6 month and thinking of doing the visa extension. My question is , what category I have to file the h1b extension? File under cap or cap exempt?????? If it's under cap, can I file before April 1st? If it's April 1st, I can only work after Oct 1st? This is for h1b extension.

Thank you...

[shervin143]

It depends on whether you work for a profit or non-profit organization. If your employer is no longer running a non-profit organization, then your H1B need to be filed under the CAP. If you have to file under a CAP, then you can file it only after April 1st with an employment start date of October 1st or later. Your H1B approval should come with a new I-94 to start working from Oct 1st. If not, you need to leave the country, get the H1B stamped and return back to work in H1B visa.

[parish]

Even if its a h1b extension ?

[shervin143]

Yes, if you company is no longer a non-profit organization, then a CAP exempt H1B extension is not possible.

Even if its a h1b extension ?

[parish]

Ok.
My friend who already in h1b under cap can extend her h1b any time of the year because her h1b count is already counted previously when she applied for the first time.. ls it right in her case?

[shervin143]

That is correct.

Ok.
My friend who already in h1b under cap can extend her h1b any time of the year because her h1b count is already counted previously when she applied for the first time.. ls it right in her case?

[parish]

Thank you Shervin..