Am I eligible Cap-Exempt for H1B filing ?

[shi1234]

I have a query regarding my H1B status.
I was issued H1B on 5th Dec 2007 and the expiration date was 30th Sep 2010.(H1B Visa validity - 5/Dec/2007 to 30/Sep/2010)
I was in US from Apr 2008 till Apr 2010 during this period of time i was working with my employer, during recession time i was layed off and due to which i have to come back to India in April 2010.
In India i am working form May 2010 till now.

Now question is : Initially i had applied my H1B in CAP quota in 2007.
Kindly guide me if i need to apply for a new H1B or is there any option to transfer my previous approved H1B petition to new employer.
Attorney's, please let me know.

[jairichi]

I have a query regarding my H1B status.

I was issued H1B on 5th Dec 2007 and the expiration date was 30th Sep 2010.(H1B Visa validity - 5/Dec/2007 to 30/Sep/2010)

I was in US from Apr 2008 till Apr 2010 during this period of time i was working with my employer, during recession time i was layed off and due to which i have to come back to India in April 2010.

In India i am working form May 2010 till now.

Now question is : Initially i had applied my H1B in CAP quota in 2007.

Kindly guide me if i need to apply for a new H1B or is there any option to transfer my previous approved H1B petition to new employer.

Attorney's, please let me know.

A new employer can file a cap exempt H1B petition and upon approval with a valid H1B visa you can enter US and work immediately for that employer.

[shi1234]

Thank you Jairichi, so i have option to file a cap except H1B petion.

[jairichi]

Thank you Jairichi, so i have option to file a cap except H1B petion.

That is correct. However, confirm with an immigration to be 100% sure.

[aru27]

I am also going for the same thing. Here are all my gathered info.

 

Since you have left US in Apr 2010 you have 6 years after that to reclaim you remaining period. In your case it will be 2016. 

 

And also  you are out of USA for 365 days, you are now eligible for a new H1B.

 

All the Best

[jairichi]

I am also going for the same thing. Here are all my gathered info.

 

Since you have left US in Apr 2010 you have 6 years after that to reclaim you remaining period. In your case it will be 2016. 

 

And also  you are out of USA for 365 days, you are now eligible for a new H1B.

 

All the Best

To get fresh 6 years on H1B, OP has to have an employer file a cap subject H1B petition in April 2014 with a start date of Oct 1st 2014. If you want to start working now then you will be cap exempt and you will get remainder of 6 years on your H1B.