H1 extension using Remainder option

[tulips]

Hi,
My H1 was stamped in Feb 05 and came to US in March 06 and worked till Jan 06 and returned to India. From then I've not used my H1. My H1 expired in Sep 08(For the initial 3 years).

Kindly let me know what are the possibilities in using the "Remainder" option to enter US through another sponsorer. Do I need a fresh Visa stamping or should the sponsor need to file for H1 extension..I understand the remainder option can be used to claim the unused period in US but I'm worried that the current stamping is expired in Sep 08.

Thanks for your help

[txh1b]

You would need a valid petition (I797) and also a valid visa if your visa expired to return again on H1b.

You always need an unexpired visa to enter US for the status that you wish to enter, no exceptions.

[tulips]

Thanks for your reply. Is it possible in any way to file for extension for my case if I get a sponsor?

[tulips]

I mean could I work out in any way (From India) without subject to cap?

[txh1b]

Yes. Please read and look at the FAQs.