H1B cap exempt process

USA H1B Visa
1

My current H1B petition with company ‘A’ is valid till 11-AUG-2017.

Now If I transfer my petition to company ‘B’ now for a Full Time position (Assuming My new H1B petition with company ‘B’ also valid till 11-AUG-2017.). And suppose after 6 Month (October-2016) they terminate me and I will go back to India.

I joined company ‘C’ in India on November-2016.

  1. If company ‘C’ willing to send me back to USA after a year(Assuming in August-2018), will I need to go through the H1B application process (eg: file in April of next year, lottery, process, start in October of next year) again?

  2. Or it can be done through cap exempt process ?

2

You will be cap-exempted based on your previous H-1 petition approvals. In this case, make sure you have copy of your most recent payslips while you were inside US on H-1, and copy of at least 1 797 approval notice.