Query on h1 cap except and fresh h1

[Sillyguy]

I was in US for around 4 years( on both L1 and h1) and I came back in Jan 2014. My current employer A processed the h1b cap exempt(which i had already used 4 years), petition approved, awaiting for stamping. I know I can use only 2 years which is remaining.

Meanwhile another employer B(small sized consultancy) filed a fresh h1b this year( Apr 2016) and my petition is picked in the lottery. Since I'm out of US for more than 365 days, I will get 6 years with this petition.

Now I'm in dilemma which one should i pick. I want to stick to the employer A since the opportunity/pay is good. My question is in case I travel with employer A (using cap exempt petition) and later can I change to employer B( new petition) while I'm in USA and utilize the 6 years.

What are other option so that I can utilize 6 years with out changing the employer(B). My assumption is since I already subjected to h1 cap this year, I would be eligible for 6 years regardless of whatever petition I use ( provided my travel should be after Oct 2016). Please correct me if I'm wrong.

[Sillyguy]

Can anyone help responding to this query

[raghvi]

Can anyone help responding to this query

If you use the prior H1 then you will get only 2 Years, if you use the 2016 one you will fresh 6 Years.

This is my opinion not legal advice.

[Sillyguy]

If you use the prior H1 then you will get only 2 Years, if you use the 2016 one you will fresh 6 Years.

This is my opinion not legal advice.

I know that. My question is in case I travel with employer A (using cap exempt petition) and later can I change to employer B(with new petition) while I'm in USA and utilize the 6 years.

[raghvi]

I know that. My question is in case I travel with employer A (using cap exempt petition) and later can I change to employer B(with new petition) while I'm in USA and utilize the 6 years.

Nope you cannot do that. If you want to get fresh 6 Years use B's petition to enter US.

This is my opinion not legal advice.

[Sillyguy]

Currently my cap exempt petition is approved and my visa is stamped. My current role which I supposed to travel seems to be cancelled. hence I didnt yet traveled to USA.
My cap subjected petition with another employer is not yet approved and is pending on regular quota.

My question is if my cap subjected petition is approved and I wanted to go with that employer, do I need to go for stamping again. Since my H1b visa is already stamped( but with cap exempt petition), can I use that visa to enter US and show the new I797( cap subjected) in Port of entry for I94. Is that fine or should I get the visa stamped again for the cap subjected petition. In this case, am I eligible for 6 years with cap subjected ?

[Sillyguy]

Could you please someone respond on below query ?
Do i need to go for stamping again since I already have H1b stamp with old h1(Cap exempt) ?

- - - Updated - - -

Could you please someone respond on below query ?
Do i need to go for stamping again since I already have H1b stamp with old h1(Cap exempt) ?

[raghvi]

Could you please someone respond on below query ?
Do i need to go for stamping again since I already have H1b stamp with old h1(Cap exempt) ?

- - - Updated - - -

Could you please someone respond on below query ?
Do i need to go for stamping again since I already have H1b stamp with old h1(Cap exempt) ?

When is your H1 visa expiring?

[Sillyguy]

I have valid h1b stamped till Dec'17 with cap exempt petition

[raghvi]

I have valid h1b stamped till Dec'17 with cap exempt petition

You can use the same visa, but you will most likely get I-94 only till Dec 17 and not till the petition end date.

This is my opinion not legal advice.