Using my un-used h1b

Question

I got  my h1b in 2010 and i left US in october. I have used it just for 10 months so far.
I am back for my MBA now on F1.
1. Is my h1b still valid
2.can I continue using h1b if a new employer files petition?
3.Will h1b reset if i stay out of US more than a year and do I loose the CAP?

Answer 1

1. No
2. You can be cap-exempt and a new employer can petition you.
3. If you want a full-6 year period, then yes you must be counted under a new cap. Otherwise, you are limited to the time remaining in the six year maximum.

Ask your new employer's immigration lawyer for further details.