What happens to my H1B after being outside of USA for 13 months? 1 Answers as of September 12, 2014

My employer A extended my H1B after my 5 years with them and also got my I-140 approved and now current. This extended H1B expires on October 1st of 2014. In March of 2012 I joined Employer B with H1B expiry date of June 2015. I left USA in July of 2013 and been out of USA since for 13.5 months now. At this time, my previous employer A has sent me an offer letter for the same position I was in with them. Will my previous extended H1B from Employer A, with expiration date of October 1st 2014 be good to apply for my passport stamped with H1B visa to travel back to US at this time? I am going for Visa Interview soon. Will my visa be rejected as I have been out of US for more than a year and I tried to use my old H1B petition from my previous employer? I have been in H1 total of 8 years and outside of US now for 13.5 months. Or do I need to have my Employer A file for a fresh 6 years H1B visa extension petition, then I can get my passport stamped with that Visa? Can this step be skipped and can the consulate stamp my passport with 6 years of Visa?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You should be addressing your concerns to Employer A's immigration attorney as this attorney is in the best position to address your inquiries.
Answer Applies to: New York
Replied: 9/12/2014
Click to View More Answers: