H4 to H1 with new employer (after PERM/I-140 approval)

[nrvj]

Hi Experts,

I maxout out on my H1 in Feb '10 and moved to a H4 visa. My PERM and I 140 were approved in Apr and May respectively. But now my employer says they cannot hire me back. Will a new employer be able to apply for my H1 B extension based on the PERM approval or will they have to apply for a new H1? If a new H1 , is there a period to wait before they can apply for new H1?

Thanks in advance.

[DMX17]

Since your H1B six years ended before I-140 approval, you need to stay abroad for at least one year, following which an employer may apply for a brand new H1 which will be counted against the cap.