To be cap exempt, you must have held H-1B status within the last six years. Additionally, if you are in the US and have not worked for a year, you are out of status and will trigger a ten year bar when you leave.
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.
I agree with Attorney Ferrari. You should consult with your company's Immigration Attorney on this matter.my colleague.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.
I am confused. IF your quesiton is whether you can change employer who would seek a new H1B petition on your behalf all in the USA and after you not having been working for a year, the answer is no. You have been out of status for a year. To change employer you would need to be in a valid H1B status.