Question about H1B Cap and travel!!

[pardhanc]

Hi,

I was in the US on H1B from Dec 2008 till Sep 2009, after which I resgined the company and returned back to my home country. A US employer is now filing my H1B in 2013 quota. I have below questions...

1. Will I be counted in this cap?

2. If not counted and if my new petition approves, when can I travel?

Appreciate your responses...

Regards

[livliv]

It depends on how your employer filed the petition.

If they filed cap-exempt using the cap from previous petition, they can request immediate start date and there is no need to wait until Oct 1. However, you will only get a total of 6 years minus any time you spent in the US in H1 or L1 status in the past.

If they filed cap-subject, the earliest they can request is Oct 1. You can only travel only up to 10 days before Oct 1 and start working on Oct 1. You will however get a fresh 6 years with this approach.

The approval notice will clearly mention the start date.

[pardhanc]

I've checked my I129 petition which my employer sent for review. It's given as a new H1B under this year's cap. Had to wait then. Thanks for your reply livliv..