Returning to the US on the second H-1B


New Member

I wanted to let people know about my situation before getting some help on how I can go about this. I was in the US on a work visa (H-1B) till Oct 2022. This was the completion of my 6 years on H-1B and my company couldn't file for my I-140 to put me in the queue for the green card. And because my 6 years were completed, I had to return to India.

I am currently in India and thinking of when is the soonest I can apply for the H-1B. I also need to clarify other questions:
[1] Can I apply for my second H-1B immediately to apply by April and possibly approval by October 2023, or can I only apply the next year? If not, what is the best timeline for my case?
[2] Friends mentioned to me that if I have days left on the work visa due to holidays I took, I will be cap-exempt and can apply any time of the year. Is this true? And how do I check how many days I have left on my work visa that I was outside the country?