H1B - Reenter and cap exemption - Please help!

USA H1B Visa
1

Hello all,
New to the forum and wanted some answers.

Got H1B Visa in 2011 and have had three extensions with approved i140; the priority date is in 2016. Left employer and moved to another country in 2020(last H1 stamped in 2019), and technically may have 2 more years left in the stamped H1.
Applied for B1/B2 while in Canada and have ten-year tourist visa. Last H1 has a stamp on cancelled without prejudice on it while I got my B1/B2 stamp.
Question -

  1. Can I reenter the US as if I have a valid job offer?
  2. Can my current employee apply for H1 and be cap-exempt?

Thank you in advance for all your help!

2

Not sure what you mean by this? Enter in B2 status?

Yes.

3

Thank you Kalpesh_Dalwadi!

Can I reenter the US as if I have a valid job offer? ā† I meant if I find an employer who will sponsor H1 and will get approved I-797.

Could you possibly share any insights on the timeline for obtaining this H1 stamp? Iā€™m curious about how many months it typically might take.

4

You mean enter on B2, then find employer and have them file a H1B petition? Technically this is possible. Your employer can file H1B petition (with change of status from B2 to H1B) as cap-exempt based on prior approval and use premium processing to get the decision within 15 days.