I quit my job and left USA Jan 2004....my H-1 with Company A has until Feb2005.
On August 2004, I came back to USA with a B1/2 visitor visa. At the consulate, they cancelled my H-1 visa without prejudice. And issued me a visitor visa vaild for 5 years. Of course, when I entered USA, I only got 6 months on my I-94.
Question : I found an employer willing to sponsor me for H-1 now. Am I subject to cap as I get different and conflicting views from various attorneys in Los Angeles area? Some say I am subject to cap and have to wait until Apr. 05 to file for Oct. 05 start date. Some say since I've got H-1 before and haven't been out of USA for more than a year and I'm not eligible for another 6 years, I am not under the cap.
I am confused. Am I or am I not under the current cap?
Is it worthwhile to test the situation by sending in a H-1 application anyhow? Worst case scenario, they'll return my application and say that I'm under the cap right?
Any advices anyone? Or anyone has a similar situation like mine?
Thanks a lot in advace.
On August 2004, I came back to USA with a B1/2 visitor visa. At the consulate, they cancelled my H-1 visa without prejudice. And issued me a visitor visa vaild for 5 years. Of course, when I entered USA, I only got 6 months on my I-94.
Question : I found an employer willing to sponsor me for H-1 now. Am I subject to cap as I get different and conflicting views from various attorneys in Los Angeles area? Some say I am subject to cap and have to wait until Apr. 05 to file for Oct. 05 start date. Some say since I've got H-1 before and haven't been out of USA for more than a year and I'm not eligible for another 6 years, I am not under the cap.
I am confused. Am I or am I not under the current cap?
Is it worthwhile to test the situation by sending in a H-1 application anyhow? Worst case scenario, they'll return my application and say that I'm under the cap right?
Any advices anyone? Or anyone has a similar situation like mine?
Thanks a lot in advace.