H1b cap exemption

[Maulish]

Hi,

I was having valid h1b till Oct 2011.

It got expired now but i have never used it. I never travelled to USA on h1b.

I travelled to USA on B1 visas.

Now i am planning to go to USA.

1.So do i have to apply for fresh H1b and go for new H1B stamping again or I will be considered for cap exemption?

2. How USA Sponsor can file for me?

3. does sponsor has to apply for just LCA and after reaching to USA they will do H1B transfer?

Kindly guide me on this.

[chtummala]

you better to talk to an attorney

[krialta]

1) You would be considered for cap exempt for H1 transfer, find a employer who would do this for you.

2) If you could find a job then he could file cap exempt for you or wait till next year and file fresh H1B.

3) Just LCA will not give you entry to USA, you need to have a valid petition and visa.

[Maulish]

if employer files for cap exempt do i need to go for visa stamping for me and dependents again?

[krialta]

yes, as you and your dependents do not have a valid visa in your passport.