Cap Exempt H1B Filing - Details required

USA H1B Visa
1

I got my H1B stamped in April 2004 and travelled to US for ~2years. During this period I got my H1B visa extended also. I returned to India on January 2007 and then my H1B expired in April 2008.

I want to know whether I am eligible for H1B filing under cap exempt category now? Do I need to work out the H1B filing with the same employed who filed it first time or any new employer can use my expired petition to file new petition?

2

You may not be eligible for cap-exempt petition as the H-1 is more than 6 years old. Still you can check w/ an attorney to see if it can still be used. You can approach either the old employer or a new one.