Am I H1-B cap exempt??

[harry08302001]

Hello,

My brand new H1-B started in Dec2011. I moved to the USA last december. Unfortunately, because of a family emergency, I had to return to India end of January this year. Thereafter,my company terminated my employment.

Now the same company is willing to hire me again. My question to you is do I have to reapply for a brand new H1-B next April?? or am I H1-B cap exempt and can apply for a new I-797 right away??

My H1-B visa stamp is valid till oct 2014. Therefore I believe I don't have to reapply for a H1-B visa stamp again. Is this true??

I would really appreciate a quick response from you.

Best Regards,

XXX

[JoeF]

If you have been counted for the quota in the last 6 years, you are not counted again, and a new employer can file an H1 at any time.