Do I need a new H1B number?

Qestion:

 I was previously in the U.S. from 2009 – 2011 with an H-1B visa. I was just offered a great job in the U.S.  What are my choices?

Answer:

It’s great that you previously had an H-1B visa because you still own that H-1B visa number so the fact that there won’t be any new H-1B visa numbers available until the beginning of the next immigration fiscal year (October 1, 2013) is not a problem for you.  The only disadvantage of this choice is the two years you spent in H-1B status will be deducted from your 6 years of H-1B eligibility.  This will not be a problem if you apply for a green card before the beginning of your 6th year of H-1B status as you will be entitled to additional extensions of time beyond six years.

The other choice would be to have a new H-1B petition filed and you would be eligible for a new 6 year period.  Of course this would only make sense if your prospective employer is willing to wait for you until October 1, 2013.

| Nonimmigrant