H1B cap exempt employee eligibility

[smohan]

Hi All,

I have some queries on my & my husband's H1B cap exempt eligibility.
I worked on H1B visa in US from Dec 2009 to Jan 2012. My H1B extension was valid only until Sept 2013.
My husband worked on H1B in US from Oct 2007 to Jan 2012. He did his MS in US and has also worked under OPT before H1B.
After this we moved to Singapore and have been working here since then.
Both our H1B extensions are expired but both of us have not completed 6 years in US under H1B visa.

Are we eligible for H1B cap exempt? If yes, what is the process to get the H1B initiated - do we have to let the prospective employers know that we are H1B cap exempt and will they know how to proceed?

Is it better to get proper legal advice from an attorney for this case?

Please give me your valuable inputs.

Thanks,
smohan.

[kabkaba]

Yes, both of you are eligible. Find a job and tell the employer that you are eligible to be cap-exempt and they will file your petition. Try to stay away from shady consulting companies. Never pay for your H1.

[kasthur]

Cap exempt to cap subject H1b before April (new cap numbers)

1) I am on cap exempt H1b now, if I would like to move to a cap subjective employer , what are the options before April 2016 when new cap# becomes available?

2) Next April if a cap subject employer applies for my cap# and transfer petition, I think I can start working immediately for the new employer But will I to cease to work for the new employer at the time of approval and only resume my new work after October 1 ?