Was on H1B valid till Oct2014. Went back to India. Now want to come back.

[devg]

Hello Folks,

I was on H1B visa as a full time employee with a reputed company in the Bay Area. I started with them in 2008, worked with them throughout till May 2012 when I went back to India to pursue my MBA from IIM. My first 3 year extension was filed in 2011, and had a valid H1B visa will Oct 2014.
I just finished my MBA and want to come back to the US. I was wondering, how will I have to go about it. Will I have to file a new application.. or is there anyway I can resurrect my old visa. My company had started my green card process and I have an approved I-140. But to re-instate.. when I left.. the company would have 'withdrawn' my H1B visa I imagine so as not to keep me on their payroll. But I doubt they would have done anything 'malicious' with my 1-140 .. they would have just left things as were.

Please help. Can I get a job and just continue my old visa somehow.. without having to do a fresh application?

Thank for all your help.

[raghvi]

Hello Folks,

I was on H1B visa as a full time employee with a reputed company in the Bay Area. I started with them in 2008, worked with them throughout till May 2012 when I went back to India to pursue my MBA from IIM. My first 3 year extension was filed in 2011, and had a valid H1B visa will Oct 2014.
I just finished my MBA and want to come back to the US. I was wondering, how will I have to go about it. Will I have to file a new application.. or is there anyway I can resurrect my old visa. My company had started my green card process and I have an approved I-140. But to re-instate.. when I left.. the company would have 'withdrawn' my H1B visa I imagine so as not to keep me on their payroll. But I doubt they would have done anything 'malicious' with my 1-140 .. they would have just left things as were.

Please help. Can I get a job and just continue my old visa somehow.. without having to do a fresh application?

Thank for all your help.

Yes it could be possible. Find an employer who has a job for you in US and provide them the earlier H1 approval notice to enable them to apply a cap exempt H1 petition.

This is my opinion not legal advice.

[devg]

Thank you raghvi. As a senior member with almost 4k posts..i really appreciate your input.

Any body else please feel free to chime in. Maybe add any nuances , or potholes that I should be careful of when I do this.