H1 B Extension Question

[lostinusa22]

Hi All,
I like this wonderful forum. It would be very nice if someone could answer my following doubts.

My situation:
Presently i am working in US on H1B. My visa expires on sep 2008. Due to some personel reason i have to go back to india.

My Questions:

1. Can i go back to india and work with some other company in india and still keeping my H1 with the present company ? Is it legal to do so? I will come back to US before sep 2008 so that i can extend my H1.

2. I have heard some one saying that once you have got H1 in past ( like either the previous H1 is expired or it has completed its duration) , if you apply for fresh H1 then that does not come in H1 Quota limit ? Like any company can file your H1 anytime in the year and you can come to US. Is that true ?

Thanks in advance!!!

[Subramanya]

H1 issues

I like this wonderful forum. It would be very nice if someone could answer my following doubts.

My situation:
Presently i am working in US on H1B. My visa expires on sep 2008. Due to some personel reason i have to go back to india.

My Questions:

1. Can i go back to india and work with some other company in india and still keeping my H1 with the present company ? Is it legal to do so? I will come back to US before sep 2008 so that i can extend my H1.

---- Yes, as long as your employer agrees to that condition and does not revoke your H1 approval petiton and H1 status

2. I have heard some one saying that once you have got H1 in past ( like either the previous H1 is expired or it has completed its duration) , if you apply for fresh H1 then that does not come in H1 Quota limit ? Like any company can file your H1 anytime in the year and you can come to US. Is that true ?

---- If you have not completed the 6 years quota then your H1 will not be subjected to cap, you can then renew it or transfer it and you should be fine

Subramanya