New H1 or can reinstate old H1??

[rcgaru]

 I did my masters in USA  and graduated in 2008  and worked here on H1 from 2009 oct to 2010 feb and lost my job so had to convert to F1 again but didnt continue on F1 as there was problem with university so moved back to India and stayed there from feb 2011-dec2012 and came back to USA on H4 on jan 2013 My question is should i apply for new H1 this april or can i reinstate my old H1 anytime i find a job....

[jairichi]

 I did my masters in USA  and graduated in 2008  and worked here on H1 from 2009 oct to 2010 feb and lost my job so had to convert to F1 again but didnt continue on F1 as there was problem with university so moved back to India and stayed there from feb 2011-dec2012 and came back to USA on H4 on jan 2013 My question is should i apply for new H1 this april or can i reinstate my old H1 anytime i find a job....

An employer can file a cap exempt H1B petition anytime and you would get 6 years - time spent on H1B status.

Alternatively an employer can file a cap subject H1B petition and on approval you would get 6 years.

[pontevecchio]

You cannot "reinstate" Your H1. You have been cap counted once and worked for 5 months. You are entitled to 5.7 months in H1 status non cap with no period more than 3 years at one go. Find a H1 sponsor and on H1 approval with COS you can start work.