Started working on OPT (post MS) in Feb 2006.
Employer filed H1B and Visa is stamped with validity from Nov 16 2006 - Aug 30 2009.
I moved out of US in Oct 2007 (used ~ a year on H1B) and currently hold valid B1,B2 Visa. I am planning to apply for a new H1B job in US but this years CAP is already reached.
Is the “exemption from CAP within 6 years rule” applicable from the day the visa is issued or the day the petition was approved? If my expired H1B VisaStamp has “Valid From” date as Nov 16 2006, can I file for cap-exempt H1 up til Nov 15 2012?
If my “cap-exemption window” is already expired, can I apply for FY2013 CAP quota next year or do I have to wait for 1 more year outside the US after the 6th anniversary of visa issuance before I can apply for a fresh visa?