H1B exempt cap new visa after I 140


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My h1B visa was approved and stamped on on 6th september 2008 and got expired on 5th september 2011.

I am in india since febuary 2011. I am in India currently. I am currently working for sister concern of my parent company in US.

I got my B1 visa in august 2011 and have travelled once for 2 weeks in 2011 to US.


1.now If I want to come back and work legally in US , my new employer would need to file for new h1B which would be cap exempted and I can start working any day?

2. how long would I be able to work on H1?

3. Should I go to US on B1, find a job and  then have my emplyer file new h1 and change of status?


 My current employer is ready to file my green card against Eb1 category subject to availabilty of position . in short they will file I140 for sure.


4. Should I get I-140 approved and then find an employer to file h1 and then I-485?



Ideally I would like to explore chances of going back to US for any other employer and best scenario would be to on EAD so that my wife can also work.


please let me know.

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