New H1B, H4 or recapture old H1B?

[curiousgal]

Hi,

I work in the IT sector. I was in the US on H1B from Feb 2003 to Nov 2006. My visa was renewed in 2006 before I left the US. When I came back to my country, I didn't expect to ever have a situation where I'd contemplate going back. That visa expired in 2009 / 2010. My husband is now in a position where his career would be benefited by taking up a role in the US and his company is processing his H1B. I fully intend to continue working. My questions are as follows:
Assuming my employer is open to processing H1 for me / I find another sponsor for H1B, what is the easiest approach for me?
* Should I be working with my employer to recapture the years from my expired H1B?
* Should I forget about it and think of doing a new H1B altogether?
* If I decide to travel in H4, once I am in the US, will the option to recapture the old H1 exist or will it be invalidated by the H4?

Please advise.
Thanks,
curiousgal

[Nattybone]

Hi,

I work in the IT sector. I was in the US on H1B from Feb 2003 to Nov 2006. My visa was renewed in 2006 before I left the US. When I came back to my country, I didn't expect to ever have a situation where I'd contemplate going back. That visa expired in 2009 / 2010. My husband is now in a position where his career would be benefited by taking up a role in the US and his company is processing his H1B. I fully intend to continue working. My questions are as follows:
Assuming my employer is open to processing H1 for me / I find another sponsor for H1B, what is the easiest approach for me?
* Should I be working with my employer to recapture the years from my expired H1B?
* Should I forget about it and think of doing a new H1B altogether?
* If I decide to travel in H4, once I am in the US, will the option to recapture the old H1 exist or will it be invalidated by the H4?

Please advise.
Thanks,
curiousgal

Hello, Curious.

I think your old H1B is no longer valid. You have until 6 years to have it recaptured. Many people say different things, but what i have learned is that one need to be on H1B status for some time in the last 6 years to have an old petition revived. If you find information to the contrary, please do share.

Once you are in the USA on H4, you are free to file for a fresh H1B. If an attorney tells you that you can revive the old H1B then go ahead and do share. Having 2nd visa does not cancel your first visa. One can have multiple visas. Once inside the USA, you have a single 'Status' but you can have multiple visas. From H4, you can file for a fresh H1 of file for another visa.

I think this answers your questions.

Hope this answers.

Cheers,