What happens to H1?

[Ammu82]

I have a H1B Visa currently. I might have to be outside of US for 2 years. When I return can I still use my same H1 or do I have to file a new one?

[shervin143]

When the H1B petition expires, you will need to file a new one. Since you will be stay out for 2 years, apply for a fresh H1B that is subjected to CAP, which will earn you a fresh 6 year period on that H1B.

[Ammu82]

Thanks ..

Thanks for your response.

My current H1B period started in October 2006. Till this date I have been outside US for approx 4 months. I am on H4 since this year April. If I go out of US in Sep 2010 and want to return in Sep 2012., can I use my current H1 by recapturing all the time that I have been on H4 and outside US instead of applying a new H1?

[shervin143]

You will have to file a new H1B.

[Ammu82]

Thanks, would it be the same if I want to return after one year?

[shervin143]

If the existing petition has expired bythat time, then YES.