H1 validity - Please advise

[Maheshreddy]

Hi,

I worked in US for 4 yrs(2004 to 2008) and went back to India and stayed for 5 yrs(2008 - Now)  in India.
Now I am planning to travel back to US. When I travelled back to India, I still had 2 yrs before maxout but the validity date on petition has expired and I did not extend the petition since I was in India.

Please respond to below questions.
1) Is his H1 still active ? can he apply for extn for the pending 2 yrs on my visa ?
2) If active is it normal process for extn same as we do when we are in US or different since i am  is in India ?
3) If revoked is there a way I could use the old petition rather than wait for the next H1 cycle to start ?
4) What would be best solution for me in this circumstances...I want to travel to US asap and do not want to wait till next H1 cycle and plannig to travel asap with the help of consultants..

Thanks in advance...

[omshiv]

you are cap exempt.