H1B Visa query

[akarthik12]

Dear experts,

I have the following situation :

I did my masters in US, I returned from US in July 2009 i was on H1b at that time , My visa expired on September 2011.
Now i want to go back to US i have a new H1 sponsor , what i would like to know is do i have to apply under the new quota this year or will i be eligible for skipping the quota and applying at any time irrespective of quota.

Thanks in advance

Regards
Karthik

[kabkaba]

Your employer can file a cap-exempt petition. However, you will only get 6 years - any time spent in the US in H1 status in the past.

[akarthik12]

Your employer can file a cap-exempt petition. However, you will only get 6 years - any time spent in the US in H1 status in the past.

Thanks kabkaba for the reply , I am eligable for cap exempt petition because i was granted H1 already ??I couldnt find information on USCIS website about the cap exempt petition , can you help me locate the same so that i can send to my current employer?

Thanks in advance,

Regards
Karthik

[kabkaba]

I am sure your employer will hire an experienced lawyer to handle this, the lawyer can advise them.