File new H1b under CAP exempt after completing my second masters.


I finished my FIRST masters in 2008. Listed below is my timeline. Please let me know if I can file for new/transfer H1b under CAP exempt.


1. OPT start date 08 May, 2008 to 07 May, 2009(Availed OPT only for 5 months).

2. H1B approved period: 10/01/2008 to 09/25/2011

3. I was in India from Feb 22-2009 to Sep 09-2010.
Got an RFE on Feb 26th in India. I answered it and never got an update on it till date.

4. Entered US (F1 visa) on 01 Sep 2010 till date to do SECOND masters. Currently I can be enrolled in University till November 2012 (I will be done with my course work by that time). The current university does not allow me to take CPT as I finished by elective earlier and I can not file for OPT as I have utilized it during my 1st masters. Please let me know if I can file a H1b now under CAP exempt as the quota for 2013 has been reached..

I think you can file a cap-exempt H1B petition citing the previous H1B approval.