H1B - Cap Count - Clarification Required

[gkmgopal]

Hi Friends,

I had H1B and was in US from 2006 to 2009. Due to some personal reason, I left US in the middle of 2009, but my H1B expired only in Nov 2011. Now I am interested to come to US Again and like to know will I be part of Cap of 65K. or I will not be under cap count because I have not completed 6 years in my previous H1B..

Please clarify on this?..If I come under cap count, then I need to wait till 2013 April for appliyng>..thats is reason I am asking...

Looking for help friends..Thanks in advance

Gopal

[pontevecchio]

For the remainder option you will not be subject to the cap. Obviously you need a H1 sponsor.

[pateljbp01]

I have for same situation

Sep-2011: H1B was approved by USCIS for 3 years under Advanced degree cap.

Jan-2012: Came to India for visa STAMPING and was refused and sent back to USCIS.

Jul-2012: Employer withdrawn petition

I have employer ready to file H1B but H1B quoto is vanished.

Question :

Can I transfer this H1B file to another employer?

If yes, can I file under cap-exempt?