H4 and H1B visa issue

[tangygate]

Hi

I was in the US on a H1B visa from October 2007 to February 2009 (visa was valid from Oct 2007 to Aug 2010). I am currently working in India (since my return in Feb 2009) and now I am applying for a H4 visa (got married a month ago) since my husband is in the US on a H1B visa currently.

If and when I find employment with a company (who is ready to sponsor my H1B visa) after I go to the US, will I get a H1 visa with the remainder of 4 years or for 3 years with an option to extend it later? Also, from what I know so far, I will not be counted in the annual cap/ quota of H1B visas right? What would be the earliest date that I can start work in the US assuming I find an employer who sponsors my H1B visa?

Please help!

Thanks,

[pontevecchio]

You are entitled to 6 years minus the time you already spent in H1 status with no period of approval longer than 3 years and you can start on approval.

[SRRV]

I think you are entitled for 6 years of H1B as you are already outside of the USA for more than a year now. .... Check with your attorney.

SRRV

[pontevecchio]

I would just add in view of the other reply that you can come over and use the remainder option to start on approval and not subject to cap or you can be subject to cap and get a fresh term from October,1.