H1B experied in 2010.Can I apply for extension

Hi,

My H1b expired in 2010 for the first block of 3 years. I came back to india and have been working here since then. Now I am planning to go to US back with my previous company that was based in CT. My question is, can i use my previous H1 or I need to file for a new H1.

Thanks

Bhaskar

An employer (old or new) has to file a cap-exempt petition for you as the previous petition has expired. This will be cap-exempt and hence can be filed anytime. Once approved, you need to appear for stamping (as current stamp has expired) and can then travel to work in US.

Is there any time limit for filling or i can do it at any time?

Thanks

Bhaskar

You worked in US until 2010 on H-1, correct? You can go for cap-exempt petition within 6 years of 2010. Some people say it is 6 years from H-1 start date, but I think it 6 years from the time you left US on H-1.

Once you finalized an employer, their attorney can review your case.