H1-B reapply - extension after expiry


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.


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.

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