h1b expiring -- change employers from outside US

[rcluse]

What is the name of your state (only U.S. law)? CA

My six-year H1B expires Feb 2 2010.
My employer (company A) filed PERM with DOL on July 30 2009.
I have spent a total of 2 months outside the U.S while on H1B status.
I have been on bench since July without paystub.
I am leaving the U.S on October 30 2009 and am interested in returning back
through another company

Can I return to the U.S through another employer (company B) on a new H1B visa after Feb 2 2010... How long would that visa be valid for.

If I cannot get a new visa; can I add the total of 5 months spent outside
the US on the current h1b visa for recapture through another employer (company B) after Feb 2 2010 -- return to the U.S; and then
subsequently apply for a 1-year extension after July 31 2010
based on company A's PERM filing.

thanks
rcluse
Bookmark and Share