I exhausted my 6yrs of H1B and I will be out of USA from March 2012- march 2013 to reset my H1B clock. Can my employer apply for h1b in sept with a start date of march 2014? Or do I have to wait for April 2014 new cap and then come back in October 2014?
Will I be subject to cap when my employer files for my second H1B?
Using that strategy, it will be a new H-1B subject to the cap. As such your earliest filing date would be April 1, 2013 with a start date of October 1, 2013. You should have a lawyer review your documents to see if there is any way to recapture time or otherwise extend your H-1B so that you don't have to start over. Also, if you work for the employer at his facility abroad for one year, then you may want to look into obtaining an L-1 visa. If you are Mexican, Canadian or Australian you might have a TN or E-3 option.
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Mr. Morales has provided opu with an excellent reponse. Your new prospective employer will have to do the new filing at the appropriate time.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.
Absent any action by Congress, H-1B visas will run out before September 2013.
Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.