H1B - B1 - H1B? Please help...

[poonam1805]

Would highly appreciate if anyone can help.

Background: I lived in US for 10 years, moved to India last year, and now wish to go back to US ASAP.

1 - I was on H1B extension period when I left. The H1B is valid until August 2012.

2 - I moved to India in July 2010. Visited US on B1 visa (valid for 10 yrs). The H1B stamp was manually written "cancelled" at the time of entry on B1 in US by the officer.

3 - GC was in process when I moved to India (labor step done)

Current situation:

My old employer with whom the H1B and GC application I have wants me to join him ASAP.

Questions:

1 - Can I join him on the H1B which is valid till August 2012. (He has not informed the USCIS to cancel my H1B)

2 - If I cannot and if he needs to apply for a new H1B, do I have to go through the quota for 2012 (and the start date in that case will be October 2012)?

3 - My GC application is still valid? Does that help me to join the company in any way?

Please provide your responses.... Thank you in advance!

[pontevecchio]

He can file a non cap H1 petition for you and you can get the visa on approval and come over. As regards the GC you do not say whether an I-140 was filed in a timely manner assuming PERM was approved. In your place I would discuss the whole situation with a Good law firm, maybe the firm of Murthy.

[poonam1805]

Thank you, pontevecchio for your quick response!