Transfer from h1 to L2 and then to H1

USA H1B Visa
1

Hello friends,

Let me first describe my situation:

I was working for a company ‘A’ till September 2013 on L2 – EAD. I had filled H1 B in the same year and it got approved on second week of October 2013. But due to some personal reason I had to travel internationally. When I have to return back I have to return on L2 visa at Point of entry.

My employer said your approved H1B is no longer valid as I entered the Point of entry with L2 visa.

Now almost one year after that now I ‘am looking for a job.

My questions are:

  1. Can my old employer who had filed for my old approved h1 B or some new employer can re-apply for my new H1 B based on my old approved h1 B.

  2. Will my new H1 B filing will be cap –exempt or do I have to go through the regular quota system i.e. I have to apply on April 1 2015.

Please note I never get the chance to work on H1-B because it was only 2 to 3 weeks of time between the h1-B visa approval and my travel outside the US.

After having described my current situation, I need guidance from you people:

(Thanks in advance for reading this post and your answers)

2
  1. Can my old employer who had filed for my old approved h1 B or some new employer can re-apply for my new H1 B based on my old approved h1 B.

Ans: Any new US employer can file your new H1B(you may need to have a copy of your previous H1 Approval to avoid CAP

  1. Will my new H1 B filing will be cap –exempt or do I have to go through the regular quota system i.e. I have to apply on April 1 2015.

Ans: Your new H1 could be cap exempt if you can attach a copy of your previous H1 approval.