H-1B expired, can it be cap exempt

[rajnair_p]

Hi,

My original H1B petition was for Boston, valid from 11/19/2009 till 09/24/2012. However i didnt travel till Sept 2010.

Since i was travelling to Wisconsin in Sept 2010 we filed a LCA and the approved petition was valid from 08/25/2010 till 08/24/2011 and my visa was also stamped till 08/24/2011.

I stayed in U.S from end of Sept 2010 till end of July 2011 and had to come back as my assignment got completed. My Petition and Visa expired on 08/24/2011

Its been 7 months since i came back. Can i file a H1 without CAP. I have used only 9 months out of the 6 year period, so can i avail the remaining period on my H1. Also, can i file anytime during the year and what would be the processing time approximately.

Thanks in advance

Raj

[sc29]

No, your new H1 will come under the cap. Only if you filed for an extension before leaving the US you will not come under the cap.

[JoeF]

If you have been counted for the quota in the last 6 years, you are not counted again.

[rajnair_p]

Since i came back in July 2011, do i need to file this before July 2012 i.e. one year, to get cap exempt. Also can i file it anytime or its possible only when the H1 window opens.

Thanks

Raj