B2-to-H1B OR Direct H1B while in India

[pharmaceutical2005]

Hi all, appreciate your views in the below situation - 

 

The background: Used to work in the US on H1B but returned back to India (working full time now) without exhausting the full 6 yrs. So technically (I think) I am cap-exempt and also eligible for another full 6 yrs of H1B. Now, I may have a potential employer in the US who is willing to sponsor my H1B. 

 

Question: In some threads, I read that folks try to go to the US on B2 and than try to change the status to H1B. In my case do I need to first go on B2 (if I have to meet/complete the job offer formalities) and change to H1B. If yes, will the employer start my application while I am there on B2 and do I come back to India on B2 and get a H1B interview/stamp from India? please clarify this process.

 

OR should I just ask the potential employer to file application while I am in India, assuming the job offer works out remotely? Is it possible to be sponsored  for H1B while in India?

 

Any other alternatives/suggestions to tackle this situation??

 

Thanks in advance for your comments. also, If any one has been through such a situation please let me know if I can connect with you offline

[jairichi]

As you have used some time on H1B you are not entitled to full 6 years on H1B. Let employer file a cap exempt H1B petition anytime and on approval you can enter YS.

[rahul412]

You can enter into US directly on H1, no need of B2. B2 is for vacation and pleasure trips.

 

If you were out of US for more than one year then you will get new 6 yrs of H1.

[pontevecchio]

If you were out of the USA for one year and THEN an employer filed a cap subject H1 petition assuming the quota is not used up and the petition is approved you can be entitled to a new total of 6 years. Merely staying out for one year does not give you 6 years of H1.