New H1B

[datla_delaware]

Hello All ,

Currently I am holding a H1b Approved in 2007 for the FY 2008 quota. I got my visa stamped in Jan 2008 and went to USA in July and I came back in 2009 JAN due to the Crisis in USA.My H1B expires in AUG 2010.

Now I am willing to apply for a for new H1b for FY 2010. My question is

1) Am I eligible to apply for new H1 , When I already have a valid H1B ?

2) Can I travel to US on my current H1b, if i get my new petition approved ?

3) Where Can i attend the visa interview in such case?

I appreciate ur help & time..

Thanks & Regards

Varma Datla

[kabkaba]

You do not have to apply in cap. New employer can file a new cap exempt petition. You have been cap counted once and until you finish 6 years in H1 status, you don't have to go through the lottery again. But, you have to prove that you were in status before and the employer has to prove that they have a legitimate job waiting for you. The same applies for new petition anyway.
If old employer has no revoked the petition and if they still have a job waiting for you (and you have documents proving that) then you can travel using your current valid visa and the same petition.