Reactivate H1B after 7 months

[atipirne]

Hi

I got my H1B extended for 3 more years in May 2011 and went to India in October 2011 and got my visa stamping. Due to some family issues, I resigned my job and decided to stay in India. So, my company cancelled my H1B visa in November 2011. But now (June 2012) as my family issues are resolved, I would like to go back to USA and find a job there. Does this new company need to apply for H1B again or can they reactivate my old H1B as still it is valid for 2 more yrs. Please advise!

Thank you for your time!

[pontevecchio]

The new company will need to file a non cap H1 petition and get it approved.

[vikramrathode.r]

The Company which is filing your H-1B needs to file a New H-1B petition,however you would not be subjected to a Cap if you are previously counted against H-1B is cap (Profit Organizations counted against the 65000 Qouta),however if your H-1B was Cap Exempt (Universities,Non Profit Organizations) then you would have to wait until April 2013 to file H1B becos this yr qouta is closed.

If your H-1B is counted against Cap previously then your employer can file a new H-1b petition and you can start working as soon as you get a approval notice and you dont have to wait until October 1st..

If you still have questions contact a Good Attorney.