5 years in US and after 10 months break, is it okay to find a sponsor for H1

M

msrh1b

New Member
I stayed and worked in this country with H1 for 5 years and returned back to India before my visa expired due to some personal commitments. I have also filed my taxes regularly for the 5 years of my stay.

I have come back to US on B1/B2 personal visit after a 10 months stay in India.

Now looking at the prospects of getting jobs, Is it okay to find out a sponsor and apply for a new H1 for the FY2005(since the H1 cap is over now) during my current personal visit to US.
 
But you returned before one clear year of the previous 5 year H1. When you apply for B to H1,USCIS might grant you a three year H1, but you are eligible to stay only for one more year.
If you stayed on,you will be hauled sometime in the future when somebody does the calculation.
 
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