H1b extension denied-Reapply in cap exempt?

[navidmenezes]

Hi,
My H1b extension was denied while there are 18months remaining on my H1b.
I have been in India since 22nd of December 2010, as that when I went to India and my extension was never approved so I could not come back.

Now I want to re-apply for my H1b. Is it necessary to apply in CAP exempt or can I apply for a fresh new H1b? Are there going to be any technical difficulties if I apply for a fresh new H1B?

Any more information in this area will be appreciated.

[kabkaba]

You need to spend 1 year outside the US in order to qualify for new cap. Your employer can file in new cap now but must request a start date after 22 Dec 2011. Filing can be done max 6 months before the requested start date.

[navidmenezes]

I received the denial on 2nd March 2011 after few RFEs.
Extention was filed mid November 2010
I left to India for a vacation on 22nd December 2010.
Also my visa expired in January 2011

So my start date can still be 22nd December 2011?

[shervin143]

Yes.

I received the denial on 2nd March 2011 after few RFEs.
Extention was filed mid November 2010
I left to India for a vacation on 22nd December 2010.
Also my visa expired in January 2011

So my start date can still be 22nd December 2011?

[navidmenezes]

After my H1b Extension denial on 2nd March 2010, my employer says that they have filed for an appeal. Its not more than 3 months there has been no reply to that appeal.

Can the employer withdraw the appeal and re-file for a fresh new H1b?
Is there any particular procedure to be followed for the same?

[navidmenezes]

After my H1b Extension denial on 2nd March 2010, my employer says that they have filed for an appeal. Its not more than 3 months there has been no reply to that appeal.

Can the employer withdraw the appeal and re-file for a fresh new H1b?
Is there any particular procedure to be followed for the same?
--

[shervin143]

Did you mean a fresh new H1B (new CAP). Yes they can do that. The employer / attorney would know how to proceed.

After my H1b Extension denial on 2nd March 2010, my employer says that they have filed for an appeal. Its not more than 3 months there has been no reply to that appeal.

Can the employer withdraw the appeal and re-file for a fresh new H1b?
Is there any particular procedure to be followed for the same?
--