H1 Cap Exempt - FMLA : H1B started right before FMLA

[confusedesi]

Hi,

I graduated from Master's program in 2014 and worked on OPT until Oct 2015. My H1B was approved in Sept 2015 with start date of 1st Oct 2015. I went on (extended leave + Maternity leave ) from Oct 8th - Feb 2016. I have 1 paystub after H1B was approved (pay from oct 1st - oct 8th) and a letter from employer stating I was employed until end of Feb 2016. I was laid off from work as I was about to come out of maternity break. So i immediately went to India, changed status to H4, applied for EAD and currently working on H4 EAD. I am thinking of asking my current employer to file H1B. I am wondering if I am free from quota restrictions given that I previously held H1B.  

Please note that since it was unpaid leave, i don't have any paystubs from Oct 8th 2015 - Feb 2016. Pay stub for 1 week in october, the letter from old employer and approved FMLA filled by doctor's office is all I have. Please help me understand if I this is enough for H1B to be applied as non-quota? 

Thanks,

Confusedesi

[NotAnAttorney]

Most probably, your petition would be treated non exempt.

[pontevecchio]

You are without any guesswork eligible for the remainder 5 years and 51 weeks of your H1. H4EAD time is not counted against the H1 limit. So wait till any new rules are made.