H1B - wanting to return to US after four years

[raghu1199]

Hello all,

I did my masters in the US, worked for an american company for a year and even got my H1B in 2008. I worked on H1B for three months and then had to come back to India in January 2009. My H1B was in the masters quota.

I am interested in going to the US again. Will I have to have a new employer file for my H1B and go through the ordeal of lottery, quote and stuff like that? or because I have already been counted under the quote once, I can have an employer just file a H1B whenever he is interested?

Would be a great help if someone can throw some light on this.

What other options do I have? I run a company in India

Thanks in Advance

--Raghu

[raghu1199]

Can someone please answer this.

[Attorney_22]

Generally, if an individual has been previously counted against the H1B cap without exhausting the full six years and has been abroad for more than one year (short visits to U.S. will not disrupt “year abroad” requirement), you may elect to either utilize your remaining H1B time with a petition that is not cap-subject, or file a new H1B Cap subject petition for a new six year period.