Stayed outside the US less than 6 years. Can I resume my H1B visa?

USA H1B Visa
1

Brief description –

I Hold an MS degree from the US. I then moved on to OPT, got my H1B visa in Jan 2011 and exited the US in May 2011. Due to circumstances, had to stay back in my country and did not return. My employer informed me in May 2011 that they have cancelled my H1B visa. Now I wish to return back to the US.

As per my research, if an H1B applicant has stayed outside US for less than 6 years, he/she is eligible to resume the remainder of H1B duration, subject to securing a job.

Questions –

If I get a job offer, Am I eligible to resume the remainder of my H1B duration? Or will a fresh H1B application need to be filed?I currently hold a B2 Visa. If I travel the US on my B2 visa and obtain a job offer, is it possible to transfer from B2 visa to H1B visa from within the US? Will you recommend this course of action?Since I am an MS degree from the US, will I be always counted in the Advanced Degree H1B cap of 20k visas?

2

  1. You can use remaining H-1 term if you have not spent 6 years inside US on H-1, which you haven’t. No need to go through the cap again

  2. This is risky. You should use B-2 only for the purposes it was issued for and not for job search.

  3. Yes, if you decide to go through the cap again you will be counted in that 20K cap. However, currently you are cap-exempted.