H1-B reapply - extension after expiry

USA H1B Visa
1

Hi,

Here is my case, please advise:

I was on H1-B from my company which was valid from 2004-2008. I returned back to India from same company in early 2008 and am working out of their office in India till now (2012). If now, I want to go back to US working with the same company, is there any possiblity of using my remaining 3 years on the H1-B that I had or I have to reapply a fresh H1-B.

Thanksm

2

As far as I know, you are not eligible for filing a cap-exempt petition now as your previous H1B was approved 8 years back.

If you want to go back to US with the same company, you will have to file a fresh H1B petition. For that, you will have to wait till April 2013 for FY2014 quota and once approved you may start working in the US from 1st October 2013.
3

Thanks a lot Sujith for information. That’s what even I thought, just wanted to confirm it.