H1-B after 1 year gap

[Santosh321]

Hi,

I am Santosh. I have done my masters in the US and worked on a H1-B visa until May 2011. However, due to some reasons, I returned back to India in 2011 while having almost 8 months still remaining (until Jan 2012) on my second term of the H1-B. Now I have a job offer from the same employer who wants me to start work as soon as possible. I have already completed my gap of 1 year. Please advise, should I use use my remaining H1-B visa or Should I wait and file it on April 1st? Would I be subjected to the 2014 Cap? How would I be able to get a six year extension? Would I be able to file my Green card, if I go back with my old H1-B. How do I get an approval for the same as my stamp is already expired?

Thank you.

Santosh

[pontevecchio]

Using the remainder option makes no sense. Tell them you need them to file a Cap subject H1 in April to start from October.

[t75]

You only get another 6 years if you go through quota. Go to work under the old quota gets you only 8 months of time.

There is not likely enough time for a GC. In spite of what you have heard, there are many unemployed USCs who might qualify for your job and PERM would not go forward,

[Santosh321]

Thank you very much for the replies. I am also planning tohave an option of re-entering on a student's Visa. Hope it goes well. Please suggest if that is easily possible. I am worried about the visa interview in Mumbai, as they would know that I am coming on a student visa after finishing my first H1.

Thanks.

[JoeF]

A student visa is for studying. If you want to work, you need to use an H1 visa.