H1B expired (worked in US for 3.6 yrs only) - Currently on B1 valid till 2021 - Can I get H1 stamped if job is available for the bal period of 2.6yrs

[balac]

I was on H1B from 1997 thru 2000 (3.6 yrs) and my VISA was valid up to JUL-2001.

I got my B1/B2 stamped for 10 yrs from SEP-2000 till SEP-2010.(I have visited USA for short periods a few times)

Again renewed for 10 yrs from AUG-2012 thru AUG-2022.

I have a job available in US and can I use my balance period of 2.6 yrs (balance out of 6 years) under earlier CAP quota and go for VISA now so that I need not wait for Oct-2013 period for fresh H1B.

? Is there any limit for elapsed period to utilize balance period under CAP quota.

? If so can my start date be as soon as I get my VISA

? Do I have to go for renewal of H1B with the same employer or is it possible to go through a new employer

Please advise.

Balu

[binoca82]

I don't believe that you are cap exempt. As per my knowledge, you should have cap counted within the last 6 years, to go for cap exempt.