H1B Cap exemption

[jamunar]

Hi,

I have a question regarding H1B Cap exemption.

I had a H1B from Employer A from 2000 - 2004 (I used it from 2000 - 2002 Sept). In 2002 sept, I left for India and changed job in 2004. I came back to USA in 2009 on L2 and applied for a EAD in 2010. I recently joined my earlier company Employer A. Since my EAD is expiring on April 2012 and my EAD renewal is still under processing, we are trying to apply for H1B under the Cap Exempt as I had an earlier H1B which was not used for the full 6 years.

1. Can you please tell me if I am eligible for H1B cap exempt?
2. If yes, can I work after I file for H1B cap exempt visa and while the processing is underway (even if my EAD expires)?

Thanks for your help!
RJ

[shervin143]

1. Can you please tell me if I am eligible for H1B cap exempt?
>>> No. An H1B CAP is valid only for 6 year. You have to go through a new CAP with the start date of Oct 1st.

2. If yes, can I work after I file for H1B cap exempt visa and while the processing is underway (even if my EAD expires)?
>>> No. Even if it is possible, you cannot work for the H1B sponsor until the H1B gets approved and becomes effective.

[jamunar]

Thanks for your response, Shervin.