Re-enter USA, seeking best way

[surfer22171]

I was in USA on my F1 visa for 4 years from 2006 to 2010 graduated with MS degree, After about 6 months of my H1 approval, ie., obtaining the I129, I moved to my home country for family reasons & got married, thus never have a H1 stamping on my passport.
Now I would like to re-enter USA along with my wife.

Please suggest best possible way to do so:

1. Should we both apply for F1 visa after we get an I20 for higher education (On entering USA as we find an employer who is ready to file H1. Is it possible to transfer F1 to H1 without completing the degree) ?
2. My present I129 is still valid, can I appear directly to consulate to stamp the H1 visa, enter USA & find an employer for fresh H1 transfer & later get my wife on H2 visa?
3. Any better option ?

Please suggest !

[shervin143]

1. Should we both apply for F1 visa after we get an I20 for higher education (On entering USA as we find an employer who is ready to file H1. Is it possible to transfer F1 to H1 without completing the degree) ?
>>> Your intention of getting F1 here is wrong. I wouldn't recommend you doing this.

2. My present I129 is still valid, can I appear directly to consulate to stamp the H1 visa, enter USA & find an employer for fresh H1 transfer & later get my wife on H2 visa?
>>> You cannot get the H1B stamped just because the petition is still valid. Unless the job still exist with the same employer and the employer is willing to take you into their payroll and they have the same job available now, you cannot appear for the interview. You need a lot of documents from the employer who sponsored your H1B.

3. Any better option ?
>>> The best option is find an employer who can sponsor your a new H1B. Since you already have an H1B petition, you are already CAP counted (no need to go through the quota again). Any employer can file a new H1B petition for you using the CAP from your previous H1B approval notice (just give the new employer a copy of your previous H1B approval notice) and request an immediate start date. Upon approval, attend the visa interview using the new petition and if the visa gets approved, you both can travel to U.S to work for the new employer.

[surfer22171]

Dear Shervin123,

Thank you for your valuable advice.
So the best way to enter with present situation is finding an employer to sponsor H1-B. I have couple of more questions:

1. If I find an employer now, how long does it takes for USCIS to process the H1B petition ?

2. Also, my present H1-B petition is valid until Sept2012., does the new petition will hold the same validity dates or will have 3 years from the date of approval ?

Appreciate your upcoming response.

[shervin143]

1. If I find an employer now, how long does it takes for USCIS to process the H1B petition ?
>>> 2-3 months by normal process and 15 days by premium.

2. Also, my present H1-B petition is valid until Sept2012., does the new petition will hold the same validity dates or will have 3 years from the date of approval ?
>>> The new petition if approved will have a validity as per the work duration requested by the new employer (3 years or less).