H1-B cap and COS/CP


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I have accepted a job in a large company in California. They are processing my paperwork to file an H-1B with a start date in March 2012. Currently, I am on F-1 status. Since I'll be starting work in the middle of the semester, would the lawyers automatically file for H1-B CP instead of COS? I would prefer CP as I would like to travel home to India just before starting job. Issue is they never asked my preference, and they are not responding at the moment.

As a second question, I previously had an H-1B visa for two years many years ago. Would I be counted against the cap again? I worry because I saw some news that the quota is getting consumed really fast in November, with some saying it will run out in early December.

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