H1-B cap and COS/CP

[tttt]

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.

[pontevecchio]

Even if they apply with COS you can leave and come back with the visa. Talk to HR. If you have been cap counted in the past you can get the remainder of the 6 years non cap .