Not used H-1B fully, quit the job and got out of the States, and wants to come back.

[mellowwalker]

My situation:
I'm Korean citizen and worked as full-time employee for company A in California who sponsored me for H-1B. After roughly 2 years since visa issued (2015/11), I had to quit and come back to my home country before it expires (2016/09) to take care of my mother with a medical condition. Now that she's recovered, I want to come back to the States.

I have 2 questions.

1. Would full-time contractor job suffice?
Company A wants to hire me again but doesn't have job opening at the moment. They can offer me full-time contractor right now though.

2. What is the process?
As the original H-1B is supposed to expire soon, I'm guessing it needs an extension. And if the answer to the question #1 is no, it would also need a transfer. Am I getting it right, and is there anything else to be done?

[raghvi]

My situation:
I'm Korean citizen and worked as full-time employee for company A in California who sponsored me for H-1B. After roughly 2 years since visa issued (2015/11), I had to quit and come back to my home country before it expires (2016/09) to take care of my mother with a medical condition. Now that she's recovered, I want to come back to the States.

I have 2 questions.

1. Would full-time contractor job suffice?
Company A wants to hire me again but doesn't have job opening at the moment. They can offer me full-time contractor right now though.

2. What is the process?
As the original H-1B is supposed to expire soon, I'm guessing it needs an extension. And if the answer to the question #1 is no, it would also need a transfer. Am I getting it right, and is there anything else to be done?

You need to find an employer who can file a cap exempt petition. You have to be on the W2 payroll of the employer petitioning for you.

This is my opinion not legal advice.