Urgent New H1B Question...Please Help


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I was in U.S for following period on H1 B Status

From Sep 2005 till Apr 2009

Left to India in May 2009

Came back to US in April 2011 on L1B

Working on L1 B from April 2011 to till Date

If I file for a new H1 B from a new employer

1. Will that be treated under the present Quota of 65000 for 2012 or will that be Cap Exempt??

2. If approved how many Years I would be eligible to work on new H1 B? and what would be the start date of H1 B

Please Help as I am very confused,would appreciate very much if some one can help..

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Generally, if an H1B worker spends at least one full year outside the U.S. s/he may be eligible to use the remaining H1B time s/he has left or opt to be subject to the numerical H1B cap again. Generally, time spent in L1 status does count towards the 6 years of H1B time. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and to determine whether you will be subject to the H1B cap and what other options are available to you.

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