Apply for new H1B or apply for extension of the old H1B?

[elmerfudd]

Hi All,

I had my H1B approval in Sept 2007. I came to US and worked for 6 Months from end of Oct, 2008 to April 2009. Then went back to Canada (I am a Canadian citizen) after my client contract cancelled. My first 3 years expired in Sept 2010. Me and my employer did not apply for an extension for the second 3 year because I was not ready to come back yet. I have come and visited US many times since I left from my job. I am interested to come back and work in US now. My old employer is offering me sponsorship again for a new H1B under 2014 cap. What is my best option?

Brief:

Original H1B from Sept 2007 - sept 2010

Worked for 6 months from Oct, 2008 - April 2009

Did not apply for the extension after the sept 2010 expiery

Should I get a new H1B for 6 more years?

Apply for the extension for the origial H1B from 2007?

Am I cap exempt for the 2014? (I have steyed out of US for more then 3 years, but visited a number of times)

Thanks in advance for your valuable advise and feedback.

[pontevecchio]

It makes no difference as you can start now after H1 approval with 5.5 years possible or get a cap subject H1 for 6 years starting from October.