H1B visa question

[mkatya]

I highly appreciate if you can answer my question:
I was working on H1B visa which was issued from 11/2001 to 11/ 2004. I got married, quit my job in 2002 and moved to a different city. Since my husband also was on H1B visa I changed my status legally to H4. Now I have an offer to work for a company who is willing to sponsor my H1B. Can I use my old H1B because it was counting on that cap or do I have to obtain a new one?
Please explain as much as possible.

Thanks.

[leifbooger]

the old H1b has already expired. And your current status is H4. So you would need to apply for a new H1b under the new quota in 2007.

[mkatya]

But H1B is valid for 6 year

[leifbooger]

no, the visa is only valid for 3 years. you must apply for another 3 yr extension while within the 3 year period for another 3 years. The 3 year extension is in a way a new H1b which costs the same as the previous H1b and requires the same documents to file (passport copies, ssn card, degree certificates...).

[razors_edge]

Generally, the H1-B visa is valid for three years. However, it may also be extended for an additional three years resulting in a six-year maximum.

If you seek a second H1-B because you changed employers, this will not extend your stay under the H1-B for another six years. The absolute maximum duration for a visa under the "H" category is six years.