H1B recapture after a gap of 20 months of H1B termination

[kallumama]

Starting in 2005, I worked for about 1 year on OPT and 5 years on H1B with a tech company in USA till Sep 2010. I moved to India in Sep 2010 and my H1B was terminated. During my H1B period, I spent about 10 months in India - either on vacation/FMLA leave (taking care of my mother who had a terminal disease)/working remotely. I was being paid in US during my vacations/leaves/working remotely.

Now, I would like to work in US again. It has now been 1 and 9 months since I moved to India from USA.

1) Can I recapture my H1B time and work with a different employer or do I have to get H1B through the same employer.

2) Can the time when I was working remotely from India be recaptured even though I was in US payroll.

3) How much time can be recaptured?

Thanks so much for your help and expertise.

[wiweq]

1) Can I recapture my H1B time and work with a different employer or do I have to get H1B through the same employer.

=> You can recapture your 9 months or so, but to get the next 6 years quota you would have to leave US for 1 year.

2) Can the time when I was working remotely from India be recaptured even though I was in US payroll.

=> Yes, not in US means you are not on any status and thus those days are not counted towards your H1b stay.

3) How much time can be recaptured?

=> Time remained on H1b + Time outside of USA during your H1b

[kallumama]

Really appreciate your response wiweq.

1) Can I recapture my H1B time and work with a different employer or do I have to get H1B through the same employer.

=> You can recapture your 9 months or so, but to get the next 6 years quota you would have to leave US for 1 year.

I used only 5 years out of 6 years of H1B time. Even during those 5 years, I was in India for 9 months. So, will I be able to capture 1year + 9 months?

2 more followup questions:

4)Regarding sponsorship, can a different employer sponsor my H1B or do I have to go with the same employer?

5)What is the status of my previous H1B petition? I am assuming that irrespective of the employer, my employer will have to request a fresh H1B from USCIS and then I will have to go through a fresh stamping in India?

[wiweq]

I used only 5 years out of 6 years of H1B time. Even during those 5 years, I was in India for 9 months. So, will I be able to capture 1year + 9 months?

=> Yes, correct.

2 more followup questions:

4)Regarding sponsorship, can a different employer sponsor my H1B or do I have to go with the same employer?

=> Any employer can file your H1b using your last receipt no (WAC no).

5)What is the status of my previous H1B petition? I am assuming that irrespective of the employer, my employer will have to request a fresh H1B from USCIS and then I will have to go through a fresh stamping in India?

=> It’s always a new H1b petition. It's just that, once you are counted towards quota, you would be cap exempted for next 6 years. Stamping is needed if it's expired, or you don’t have. Changing employer doesn't need 'new' stamping.