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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