Can my new employer activate my expired H1?

[xyztroy]

Hi,

I got my approved H1B petition in July 2004 and went to US in March 2006 through my employer X. In Nov 2010, I quit my employer X joined company Y, in US itself, which applied for transfer of my petition, and I received my approved I797 valid until 15/7/2012. However, I moved back to India in March 2011. So as of today, my H1 has expired and I also dont have H1 stamped on my passport. However, I just did around 58 months on my H1 in US.

I just received a job offer from company Z with a position in USA. I want to check whether my new employer can use my expired H1?

Appreciate your response.

[kabkaba]

Z can file cap-exempt petition for you, but they can only get 6 years minus time spent in the US in H1/L1 status in past.

[hireitpeople]

Yes, he can use your expired H1B to file a new H1B (not subject to cal or quota) - If you held an H1B in the last 7 years, an H1B visa is allotted to you, you can re-use within the 6 year limit.

To extend beyond 6 years, you need a pending PERM labor (for more than a a year or I-140 or approved I-140 - These things come along by initiating a Green card Process)

[xyztroy]

Yes, he can use your expired H1B to file a new H1B (not subject to cal or quota) - If you held an H1B in the last 7 years, an H1B visa is allotted to you, you can re-use within the 6 year limit.

To extend beyond 6 years, you need a pending PERM labor (for more than a a year or I-140 or approved I-140 - These things come along by initiating a Green card Process)

So lets say that my employer Z processes my current H1, which has got only 16 months left out of 6 yr limit, can Z file a new H1/L1 next year before the 6 yr limit reaches. Note that I would be entering US after more than a year now.