Is it a case of H1B Extension or Re-apply?

[chinnathakur]

Hey there,

I came to US on H4 as a dependent in 2007 April and got my H1B picked up the same year which was valid from Oct 2007- 2010.
I worked there for sometime and came to India in November 2009.

As I had some family problems I could not come back to the US and never went for stamping also.
I have been working in India from 2010.

Now I want to come back to US. Do I have to file for an extension or is it a new H1B filing altogether.

Please reply back to me ASAP.

Thanks,
Chinna.

[Nattybone]

Hello, Chinna.

You should be able to revive your old petition as a cap-exempt. One is allowed upto 6 years (from the time one ceased to be on H1B status) to revive an old H1B. You mentioned you were on H1B till November 2009. So, from what i understand, you have upto November 2015 to file for revival of the old H1B (cap-exempt).

Find a sponsor/employer, and have your petition filed. You need not wait till April when the draw is conducted as you are cap-exempt.

Personal opinion.

Wishing you luck.

Cheers,

Hey there,

I came to US on H4 as a dependent in 2007 April and got my H1B picked up the same year which was valid from Oct 2007- 2010.
I worked there for sometime and came to India in November 2009.

As I had some family problems I could not come back to the US and never went for stamping also.
I have been working in India from 2010.

Now I want to come back to US. Do I have to file for an extension or is it a new H1B filing altogether.

Please reply back to me ASAP.

Thanks,
Chinna.