H1 cap and break in employment

[SueVA]

I have a valid H1B from company A. I had wroked in US for company A for a year. I am currently in India and company B is willing to make a job offer to me and proces my H1B.

Will this H1 be considered as a transfer and will not be subject to H1B cap or it will be under H1B cap.

Thanks.

 

[Semi-conc'nt 04]

If you have a VALID H1: if your 'employment' is still on, you could apply for what would amount to a 'transfer' - which would not be subject to the cap.