first H1B issued in 2007, now trying renewal and filing for fresh H1B

[poonamparihar]

Hi,

I was issued H1B in Sep 2007. I came to US on H1B in Nov 2007 and left states in March 2008. (only 5 months on H1B status) My H1B expired on Oct 2010.

I came to USA on B2 in Feb2012 and now filing a fresh H1B through a new consultancy. my LCA has been filed and petition should be filed with in Next weeks’ time. I would like to know if I am cap exempted. (most likely Not)

I also attended few interview based on the information that I had ( that I can use the remaining 5 and half years on my previous visa , (stamp expired)) But again I do not have confirmation on how to proceed with that.

If i get an offer, how soon can i start working on my old visa? what process the new employer will go for. renewal/fresh h1B or transfer? most of the company find it complicated and want to opt for simple H1B transfer process. and this has affected my prospects drastically.

will this process coexist with the already in process fresh H1B application?

I am thinking to leave states in May end and come back in October and work on fresh H1B, but considering the quota getting full so quickly, I am wondering if I should or should not drop out on my old H1B renewal chances.

Thanks in advance for taking time answering my query/ies.

[Attorney_10]

Generally, an individual that has been outside the U.S. for one full year after having been in the U.S. on H1B status may elect to either use the time remaining on his/her 6 years of H1B time or choose to be counted against the numerical H1B quota again. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and to determine whether you will be subjec to the H1B cap.