Visa Renewal v/s. New Visa

[appusheth]

My visa stamp on passport expired 9/30/08 and for my wife (h4) it expired on 9/01/08.

We are going to India for 4-5 months in Sept end. So will go for interview in Oct. The visa would have expired by more than 12 months then. So in the visa interview form we have to NO where they ask 'Are you applying for the same class of visa that is valid or expired withing the last 12 months'

This means our case will not be a visa renewal case.

What is the difference in renewal and new visa? Is is hard to get new visa v/s. renewal stamping? How does the procedure and preparation differ?

Also, we plan to be there for 4-5 months and then come back in Jan/Feb 2010. If we get visa stamping, will that pose a problem when we land in US at immigration counter? They will surely ask why was I away for 4-5 months. My employer is granting me time to be there for this period and work remotely. I have permission from my employer to work remotely for few months.

An early response to both questions is appreciated.

Thank you in advance.

[immihelp]

Even though your visa stamp was expired more than 12 months ago, you are still in legal H status.

Therefore, you will not be issued fresh H1 visa, under H1 cap quota. It will be considered renewal.

[OMM]

My visa stamp on passport expired 9/30/08 and for my wife (h4) it expired on 9/01/08.

We are going to India for 4-5 months in Sept end. So will go for interview in Oct. The visa would have expired by more than 12 months then. So in the visa interview form we have to NO where they ask 'Are you applying for the same class of visa that is valid or expired withing the last 12 months'

This means our case will not be a visa renewal case.

What is the difference in renewal and new visa? Is is hard to get new visa v/s. renewal stamping? How does the procedure and preparation differ?

Also, we plan to be there for 4-5 months and then come back in Jan/Feb 2010. If we get visa stamping, will that pose a problem when we land in US at immigration counter? They will surely ask why was I away for 4-5 months. My employer is granting me time to be there for this period and work remotely. I have permission from my employer to work remotely for few months.

An early response to both questions is appreciated.

Thank you in advance.

-- For H class of visa you are using CAP upto 6years, in this case if your visa is expired before 12mos or >12mos, you have to go for renewal on same class.
Your case is visa Renewal case.
-- OMM