expired I797 and Visa

[usbash]

Dear experts,

My I797 has expired on Jun 15th 2012 and my Visa stamping has also expired

and am currently working in India.

the company which processed my visa last time is ready to offer me a job again, can i renew this I797 and get a stamping done now ?

or should i go through Quota again to apply a fresh H1 ? as i heard H1 cap for 2013 has reached

please clarify ?

Thanks

[pontevecchio]

If you have been cap counted once you can claim the remainder of 6 years minus existing H1 status time. They will need to file a H1 petition for you and get it approved and then you will need a new H1 visa. Since they have to pay you say yes and let them process it.

[usbash]

Thank You.