If you were previously COUNTED under the H-1B quota, you are exempt from the quota for your next employment, or for any concurrent employment.
The applicable law states:
Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
INA 214(g)(7).
The exemption also applies to H-1B holders, who are outside of the U.S. for one year, who did not exhaust 6 year term, can opt to use remainder of 6 years to avoid cap. See our page H-1B holders, outside of U.S. for one year, who did not exhaust 6 year term, can opt to use remainder of 6 years to avoid cap.
Note, however, that if your prior H-1B was for an exempt--e.g., the petitioning employer was an institution of higher education, an entity related to or affiliated with an institution of higher education, or a nonprofit research organization or governmental research institution, etc.--then you would not be deemed to have been "counted", and you would be subject to the H-1B quota.
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