H1 to F1 to H1

[vsharda]

Hi,
I had received H1 way back in 2004 and stayed in US from feb, 2004 to sep, 2005. Then I went back to India, decided to go for Masters and came back to US on F1 with stamping on passport in Aug, 2006. Now I am graduated and on OPT. I have found a job and my employer will file H1 in Masters quota. So, my question is:
1) Will my H1 be under cap or not as I had read somewhere in this forum that you are exempt if you have received H1 once under cap and haven't been outside of country for an year (I was out for 11 months)
2) If I get H-1, will I have to go out of country after 2 years as I'll finish 6 years of H1 since I haven't been out of country for an year since beginning of 2004 so clock never stopped or did it stop as I got F1 stamped and re-entered the country?

Thanks.

[GreatGuru]

If you are using remaining period in your old H1, then no cap.
If you want new 6 yrs H1, you must be out of US 12 months and apply thorugh fresh quota.

Hi,
I had received H1 way back in 2004 and stayed in US from feb, 2004 to sep, 2005. Then I went back to India, decided to go for Masters and came back to US on F1 with stamping on passport in Aug, 2006. Now I am graduated and on OPT. I have found a job and my employer will file H1 in Masters quota. So, my question is:
1) Will my H1 be under cap or not as I had read somewhere in this forum that you are exempt if you have received H1 once under cap and haven't been outside of country for an year (I was out for 11 months)
2) If I get H-1, will I have to go out of country after 2 years as I'll finish 6 years of H1 since I haven't been out of country for an year since beginning of 2004 so clock never stopped or did it stop as I got F1 stamped and re-entered the country?

Thanks.

[vsharda]

Thanks for the reply.
So, even if my previous employer's petition has been expired (since it was filed only once and then never got extended) does the 6 yr rule and exemption from cap still hold?