non-exempt to exempt to non-exempt

[saki0976]

Sir/Madam,

I got a non-exempt H1B visa in Oct 2003 with a company A;
but in less than a month I got a job from a University;
I could not do a Transfer as I had not yet started working for company A (and so didn't have a payslip).
So the University filed a fresh H1 in Dec 2003 which gave me a start date of Jan 2004;
I was asked to go back to India and get my H1 stamped and re-enter USA
on the new H1; now I am working for the Univ. under an exempt H1.
Now I want to switch to a commercial organization i.e. a non-exempt H1B.
My questions :

i) I heard that I may NOT be counted under the H1 cap because I have already been counted once in the last 6 years. Is that true (even if say Company A which had gotten my first H1 has probably cancelled the H1) ?

ii)If some company B files for my H1 (non-exempt), can I start working for them immediately or do I need to wait for either the H1 to be approved or for some date after Oct2nd or whatever date is mentioned in the new H1, to start working?

iii)Do my 6 years towards H1 get counted from :
Oct 2003 (when I got my very first H1) or
from Dec 2003 (when my second H1 was filed) or
from Jan 2004 (the start date on my 2nd H1) ?

Thanks in advance,
Saki

 

[GotPR?]

i) I heard that I may NOT be counted under the H1 cap because I have already been counted once in the last 6 years. Is that true (even if say Company A which had gotten my first H1 has probably cancelled the H1) ?

Ones who were counted toward quota last 6 years is not subject to quota again.

ii)If some company B files for my H1 (non-exempt), can I start working for them immediately or do I need to wait for either the H1 to be approved or for some date after Oct2nd or whatever date is mentioned in the new H1, to start working?

AC21 did not say anything about transfer between exempt and non-exempt. It just says those who has H1 now can start working upon transfer filing.
It's matter of interpretation, and you should confirm with lawyer, but I think you can start working.

iii)Do my 6 years towards H1 get counted from :
Oct 2003 (when I got my very first H1) or
from Dec 2003 (when my second H1 was filed) or
from Jan 2004 (the start date on my 2nd H1) ?

6 year rule is common to exempt and non-exempt, therefore, wherever you were on H1 is suppsoed to be counted in 6 years.