New H1

[H4holder]

Hi, I came to USA in 2006 on H4 and applied for H1, I got H1 from Oct'2006 to Sep'2009.I went to Inida in 2008 and Came back in 2010(this month only) again on H4.

Now I am planning for H1 ,so is this comes in non-quota or I need to wait till Oct.

Thanks for your Help

[shervin143]

If you have spent 1 year outside U.S, then you can apply a fresh H1B which will give you a new 6 year term. You cannot work until Oct 1st if that gets approved.

You can also file an H1B using the old CAP. That will give you only the remaining unused period on your 6 year term on the old CAP.

[H4holder]

Thanks for your response shervin,

I spent only 2 years on my old h1 oct'2006 to Sep'2008.
I was in India for 2 years 17 Sep'2008 to 1st Sep,2010.
If I can use my Old cap is also ok with me because I will have another 4 years.

But My question is is it possible to Use Old cap and what other documents requried.

Thanks in Advance

[shervin143]

Your new employer can file an H1B petition on your behalf using your old H1B CAP and request an immediate start date. Just give them a copy of your old H1B petition. You employer will let you know what other documents that they need from you for filing the petition.

But My question is is it possible to Use Old cap and what other documents requried.