H1 extension - To Come back

[ybinds]

Hi

I have been on H1 for 4 years in the US and left the country last november voluntarily due to personal reasons. My H1 is still valid till next year september. Now that I have over the "365" days rule... my employer propositioned me to come back and work for them. My question is :

If I apply for H1 after november would USCIS consider this as a fresh 6 year period starting next year?

Second - If I apply for H1 after november will I only have 2yrs since I have not completed the six year period. If so, what is the solution after coming back to make use of the six year period.

I hold an MS from US, so I would imagine that I fall under the Advanced degree Cap of 20,000.

Please post some feed back people.

[ybinds]

Well I have been waiting for a reply, seems like no one has answered my question. Can someone please post some suggestions. urgent

[roseball]

Well I have been waiting for a reply, seems like no one has answered my question. Can someone please post some suggestions. urgent

You have 2 options. Either use your old H1 which is still valid (assuming u still have a valid visa stamp) and enter US (carry a latest offer letter from employer). If you use the old H1, then you will only have 2 more years of H1 time left.

You can file for a fresh H1 visa in Master's quota under consular processing and when its approved, attend the Visa interview, get a new H1 stamp, and re-enter using the fresh stamp. This way, you will get fresh 6 yrs time on H1.