H1-H4-H1(Cap exempt)

[dhanyatha]

Hi all,
I need your help in getting couple questions answered.

Here are the details

1.I entered Us on H4 status in 2007.
2.I got my H1 approved in 2008(not worked and expired on sep 30th,2011).I have SSN and DL.
3.Went back to India in sep 2009 and didnt go to H1 stamping.So has to come back on H4 status.
4.Now on H4 status.

Can i use my old H1B and file for H1 (new employer).Do I come under cap exempt.
Thanks for any info on this.

[rvisak]

Hi all,
I need your help in getting couple questions answered.

Here are the details

1.I entered Us on H4 status in 2007.
2.I got my H1 approved in 2008(not worked and expired on sep 30th,2011).I have SSN and DL.
3.Went back to India in sep 2009 and didnt go to H1 stamping.So has to come back on H4 status.
4.Now on H4 status.

Can i use my old H1B and file for H1 (new employer).Do I come under cap exempt.
Thanks for any info on this.

Yes you can use your old petition - you do come under cap exempt