应不再占名额

If an H-1B beneficiary, who had worked as an H-1B worker within the past six years and been counted against the H-1B quota, will not be subject to the H-1B cap if he or she currently remain valid non-immigrant status (such as F, B, and etc.). He or she may be granted the H-1B status for the "remainder period" of his unused H-1B.
In a hypothetical case, an H-1B worker with 2 years of H-1B unused left the U.S. After 6 months, he came back to U.S. on an B-1 visa. If a non-exempt U.S. employer wants to hire him as an H-1B worker, he should not be subject to the quota because he has been counted against it within the past 6 years. However, the maximum period of H-1B he can be granted is 2 years.