H1B expired but I140 approved

[needimmhelp]

Background:

I stayed in US on H1B for around 4.6 years, and left US to work in India, with same company (A) . Before coming from US, my current employer (A) applied for I 140. It got approved after I landed in India. (a year back)

My Visa stamping and H1B expired in late 2012.

Situation:

I’m thinking of coming back to US, with a new employer (B)

Questions :

Can I apply for a H1B transfer?

Will I be eligible for reset of 6 yrs H1B validity, as I stayed more than an year outside of US?

What do you think would be best way to return to US?

[pontevecchio]

The best way besides having a job available is to talk to a Lawyer. Based on I-140 approval you will be eligible for 3 year H1 extensions till the PD is current as long as the I-140 is not revoked.