I have come to US on a F1 visa in year 2000.I then finished my Master’s and moved onto H1-B in 2004.Since Oct2004 till Oct2008 I was on H1-B.I got my EAD approved in July 2007. My H1 was still valid till September 2010 which the company did not cancel.Due to personal reasons I abandoned my GC process and left for India in April 2010.My wife has her H1 and I would like to come to US in May on a H4 visa.After landing there I’m thinking of applying for H1 since my 1 year stay outside the US will be over and I would be eligible for 6 years.
My concerns are If I go for H4 stamping in February and come to US in May will it be counted as staying 1 year outside US? Will it have any adverse effect on my H1 filing? Can I still get my H1 if I find a suitable employer who is willing to hire?