Filing H1-B (Cap exempt) from outside USA while GC (Labor) is in BALCA


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Hi There,


I've got a complex situation here. Please help and guide me some way.


Employer A hired me in USA in 2011 while I was on H1-B and filed my GC in June 2012. But, because my H1-B got maxxed-out in Jan 2013, hence my employer relocated me to Canada for a year and now I've got new L1 VISA (valid for next 5 years).


Unfortunately, my employer doesn't find a suitable project for me in USA/Canada and hence, planning to terminate me based on company policy.


Now, in this situation, what can I do to go back to USA..?


1. Can I ask any another company/consultancy to file a new H1-B for me based on my Labor (which is still in process)...??


2. If yes, then I guess, it will be Cap Exempt. Right..??


3. By what time, new employer has to file a new H1-B...? Before my existing employer terminates me..? Will my Labor would be invalidated once my current Employer terminates me...?


4. If I get a new H1-B VISA, can I just get it stampped and come to USA..? Or, there is any other process involved..??



Please help, as I don't have much time left.




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