Will H1 cap apply to me?

[asr1979]

I have a few questions:

I had a H1-B visa before and it expired on oct1 2004.

1)Does this H1-B cap apply to me or only to first time H1-B seekers?

2)I applied for a B-1 visa(two days before h1 expired) and if I was issued a B-1 and got a job offer later, will be the new employer be able to apply for my H1 without being affected by the cap?

I see that question 2 is another way of asking question 1. Any info on this will be appreciated.

Thanks in advance
sa.

 

[great guru]

H1 to B???

I have a few questions:

I had a H1-B visa before and it expired on oct1 2004.

1)Does this H1-B cap apply to me or only to first time H1-B seekers?
No , if you renew or change your company. Why didn't you renew it.

2)I applied for a B-1 visa(two days before h1 expired) and if I was issued a B-1 and got a job offer later, will be the new employer be able to apply for my H1 without being affected by the cap?
If you are in USA, i do not think you will get H1 to B transfer. You can try F or H4 to maintain your status.
I see that question 2 is another way of asking question 1. Any info on this will be appreciated.

Thanks in advance
sa.

 

[asr1979]

I applied for a B1 last year when I was laid off and INS issued me one.
I was in US at that time.
I cannot renew current H1 because all my projects are over.
Thank you for your response.