H1 visa stamped in 2008 but came back to India in 2009 end

[AshinIndia]

Hi All,
I have a H1B visa stamped in 2008 and worked in the USA for a year on contracts through my employer but had to come back in 2009 due to some personal issues.Resigned from my job with the employer while in India and never went back.Got married and since then have been in India.Now I have plans to go back to the US.
My question is that, since I have heard that H1 visa is valid for 6 yrs (my 6th yr ends in 2014), is there any chance I can go back on the current visa or I have to apply for a new?
Also in case I have to apply for a new one what will be the formalities that have to be completed?

Please help.

[raghvi]

Hi All,
I have a H1B visa stamped in 2008 and worked in the USA for a year on contracts through my employer but had to come back in 2009 due to some personal issues.Resigned from my job with the employer while in India and never went back.Got married and since then have been in India.Now I have plans to go back to the US.
My question is that, since I have heard that H1 visa is valid for 6 yrs (my 6th yr ends in 2014), is there any chance I can go back on the current visa or I have to apply for a new?
Also in case I have to apply for a new one what will be the formalities that have to be completed?

Please help.

Technically you can use either the old petition and get new employer to file a cap exempted petition OR apply for a new one. If employer uses the old one the employer can request for an immediate start date and once the petition is approved, you go to the US consulate in India and try to get a h1 stamped. Once H1 is stamped you cna use that to travel. I believe one has time till 6 Years from ones's last H1 status. As you were last in H1 status in 2009 then probably till 2015.

In case your employer wants apply for a new h1 petition they will have to wait till 01-Apr-214 to do so and the earliest you can start is 01-Oct-2014. The process is very similar to what you followed in 2008. https://www.immihelp.com/h1-visa-stamping-documents/

I would say you try to revive your old H1 petition, if that doesn't work file fresh one in April.

This is my opinion not legal advice.