H1B Help: Heading back to the US after 6 years

[siddharthsh]

Hi All,

I've done my MS degree in the US and thereafter worked with an H1B until 2006. During my work I used only 6 months of my H1B and then returned to India to work for another company. My H1B expired in 2008.

Now I am planning to return to the US to seek for a full time employment and need your help / advise on the following:

• Since I've done my MS Degree from the US, will I be exempted from the H1B Cap?
  
• Can I use the remainder option (where I can carry forward the remaining unused time of my previous H1B) when I apply for a new H1B?
  
• If the remainder option is a possibility, can I start working on my new H1B as soon as the paperwork gets accepted or will I have to wait until Oct-2013 to start working?
  
• What is the advantage of using the FASTRACK (Pay $1000 extra and get the paperwork processed within 4 weeks) option, does it mean I can work earlier than Oct-2013?
  

It'll be great to hear back from the forum and members.

Thanks,

Siddharth

[t75]

Since you are asking such basic questions, I suggest that you review the information on the USCIS website regarding your rights and responsibilities. Your questions are particularly troubling since you already worked on H1B.

[GNH]

• Since I've done my MS Degree from the US, will I be exempted from the H1B Cap?:- You will be in the 20,000 H1B master quota group if you choose to apply in masters category.There is a cap in any case.
  
• Can I use the remainder option (where I can carry forward the remaining unused time of my previous H1B) when I apply for a new H1B?:- No,you can use your current H1B for the reminder of the time you did not use(ie 5 1/2 years).If you apply for a new H1 then you get 6 years.Time is not carried over.
  
• If the remainder option is a possibility, can I start working on my new H1B as soon as the paperwork gets accepted or will I have to wait until Oct-2013 to start working?:- If you use your current H1B, ie by doing a transfer to your new company then you can work from whenever the transfer gets approved.You cannot start work in your new place just by submitting the transfer paperwork like someone who is currently working on H1B as you have a break in employment.If you choose to apply for a brand new H1B,then you need to wait till Oct-2013
  
• What is the advantage of using the FASTRACK (Pay $1000 extra and get the paperwork processed within 4 weeks) option, does it mean I can work earlier than Oct-2013?:- Same answer as above.If you do a transfer on your current H1 then doing premium processing means you can get to work anytime the application is approved.If you apply for a new H1B then you have to wait till Oct-2013 whatever you do.