New H1 visa after previous employer cancelled H1

[a_tejas]

I was in US for 3.5 years on H1b visa and returned to India in Feb2010. My employer cancelled my H1b subsequently.

My current employer in India (American MNC), wants to sponsor my H1. My question is “Do I have any advantage over fresh H1 applicants due to my previous H1? ”. Is it true that I do not fall in the 65k quota as I have had a H1 previously ?

[shervin143]

If you have a copy of the previous H1B approval notice (or at least the receipt number), then your current company can file a new petition on the same CAP and request you an immediate start date. However, the CAP for 2011 is still open. So the employer can file the petition on a new CAP as well.