Return to US on H1 after a year outside the US

[shaz24]

I have a masters degree from a US univ and was working in the US for 3 years on H1. Last year, I returned to India due to a few personal reasons. Now, I want to find a job and return to the US. Should I reapply for H1? Will I be considered a fresh applicant or will be able to get it renewed for the next 3 years.

Thanks

[JoeF]

If you have been abroad for a year, you have a choice of getting a new H1 for the full 6 years under the quota, with the new H1 starting Oct. 1, or getting a new H1 not under the quota, which can start sooner than Oct. 1, but you would only get the remaining 3 years.

[wiweq]

"Now, I want to find a job and return to the US. Should I reapply for H1?"

=> You said, you worked for 3 years on H1b. You must be knowing that you cannot apply your H1b and cannot pay for H1b filing fees.

If you were physically one year outside of USA, your employer have option to go for cap or count exempted (using your previous H1b).

You need to find out an employer who have valid job for you and can file your H1b visa sponsorship.