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  • H1B expiring-what are my options?

    I just moved home to Ireland after living in the U.S. for the last 7 years. I wish to identify my options for getting back to the U.S., as I miss it terribly and want to live there.

    My first year in the U.S. was in F1 student status while I obtained a masters. Right after my masters, I found a job at a company which I held until leaving the U.S. last month. In the first year of this job, I was on F1-OPT. For the next 5 years of the job (until it ended last month), I was on H1-B. There is still some time remaining on my H1-B visa -it is due to expire in September of next year (however, I was out of the U.S. for about 6 months during my time on H1-B -I believe this time outside the U.S. can be added to push out the expiry of my H1-B until Spring 2016).

    My question is: what is the best option for me in terms of getting back to the U.S. in legal status? (Obviously, I will need to find a job there...that is the main priority -but I want to know what to tell prospective employers when they ask about my visa situation)

    In particular:

    1. Now that I am back in Ireland, can I still transfer the stub of my H1-B to a new employer in the U.S., if I find one?

    2. Is there still time for a new employer to submit a green card application for me that will enable me to remain in the U.S. after the stub period of my H1-B expires but before the permanent residence application is approved? In other words, how much time do I have before I absolutely need to have a permanent residence application submitted on my behalf (obviously, its a big thing for a new employer to agree to right off the bat)? Also, do I need to get back ASAP, or if I am in Ireland for 8 months before I find a job back in the U.S., does that matter? In other words, does the stub period on my H1-B last forever?

    3. Is there any advantage in remaining outside the U.S. for one year at this point? I know one can apply for a new 6-year H1-B after being out of the U. S. for 365 days -but I believe this to be a risk because it is subject to the H1-B visa cap? Also, as I just left the U.S. last month, I wonder if the 365 days have to have passed by the commencement date of the new H1-B (October 1) or by the date of filing the application for it (April 1). If it is the latter, doesn't that mean that I really need to be outside the U.S. for a year and 8 months -and can only apply in April 2016?

    Separately, my mother is a U. S. citizen...but she has never lived or worked in the U.S. and is domiciled in Ireland. As I was not registered as a foreign born child of a U.S. citizen before my 18th birthday, I can no longer avail of the Child Citizenship Act as I had "aged out" before I knew I was entitled to it (my grandfather spend most of his life in the U.S. before moving to Ireland). Given that my mom is domiciled in Ireland, I don't believe she can make a permanent residence application for me -but I thought I should ask.

    I sincerely appreciate your time in considering my position. It would mean the world to me if I found a way back to the U.S. In looking for jobs, I would like to have a solid proposal to present to prospective employers as to how I might be able to be there in legal status.

    With thanks.
    Last edited by james.frankel; 10-26-2014, 11:20 AM.

  • #2
    Hello, James.

    As regards going back to USA, what you can do is find a new sponsor (or the older one) to support your work visa sponsorship. You mentioned you had about a year left on the existing H1B. What you could do is reach out to companies who would want to employ you and sponsor your H1B. (Also, the time not used on H1B will be added back to your H1B stay - so, no worries there).

    Once back in USA, you could initiate your Green Card (GC). You might not want to hold a company to sponsoring your GC also at this moment. If some company is ready to sponsor both H1B and GC, great, else i would not push for GC yet. Get the H1B going to enter USA and resume life and then figure out GC.

    As regards GC - what happens is should your Labour approval (it is called I-140, i think), once GC sponsorship is filed by an employer on your behalf, come through, you are good to stay in USA on H1B until you get your GC. After Labour approval, the six year H1B logic ceases to apply to you. You would still be H1B but you are allowed to stay beyond 6 years courtesy the GC Labour approval.

    About time spent staying out of USA, one is allowed to revive his/her remaining H1B period for upto 6 years from the time the H1B status was last held by the candidate. i.e.: If you left USA in August 2014 with one year of H1B still left, you could revive your H1B and use this one year upto July 2020. Should you not file by July 2020, this old visa ceases (You might want to check this - but this is my understanding that you can revive an old petition for upto 6 years.)

    As regards staying out of USA for 1 year, that happens when someone wants to file a fresh H1B petition which is NOT Cap-exempt.

    I am hoping i have addressed most of your queries. Personal Opinions.

    I hope this helps.

    Wishing you luck.

    Cheers,


    Originally posted by james.frankel View Post
    I just moved home to Ireland after living in the U.S. for the last 7 years. I wish to identify my options for getting back to the U.S., as I miss it terribly and want to live there.

    My first year in the U.S. was in F1 student status while I obtained a masters. Right after my masters, I found a job at a company which I held until leaving the U.S. last month. In the first year of this job, I was on F1-OPT. For the next 5 years of the job (until it ended last month), I was on H1-B. There is still some time remaining on my H1-B visa -it is due to expire in September of next year (however, I was out of the U.S. for about 6 months during my time on H1-B -I believe this time outside the U.S. can be added to push out the expiry of my H1-B until Spring 2016).

    My question is: what is the best option for me in terms of getting back to the U.S. in legal status? (Obviously, I will need to find a job there...that is the main priority -but I want to know what to tell prospective employers when they ask about my visa situation)

    In particular:

    1. Now that I am back in Ireland, can I still transfer the stub of my H1-B to a new employer in the U.S., if I find one?

    2. Is there still time for a new employer to submit a green card application for me that will enable me to remain in the U.S. after the stub period of my H1-B expires but before the permanent residence application is approved? In other words, how much time do I have before I absolutely need to have a permanent residence application submitted on my behalf (obviously, its a big thing for a new employer to agree to right off the bat)? Also, do I need to get back ASAP, or if I am in Ireland for 8 months before I find a job back in the U.S., does that matter? In other words, does the stub period on my H1-B last forever?

    3. Is there any advantage in remaining outside the U.S. for one year at this point? I know one can apply for a new 6-year H1-B after being out of the U. S. for 365 days -but I believe this to be a risk because it is subject to the H1-B visa cap? Also, as I just left the U.S. last month, I wonder if the 365 days have to have passed by the commencement date of the new H1-B (October 1) or by the date of filing the application for it (April 1). If it is the latter, doesn't that mean that I really need to be outside the U.S. for a year and 8 months -and can only apply in April 2016?

    Separately, my mother is a U. S. citizen...but she has never lived or worked in the U.S. and is domiciled in Ireland. As I was not registered as a foreign born child of a U.S. citizen before my 18th birthday, I can no longer avail of the Child Citizenship Act as I had "aged out" before I knew I was entitled to it (my grandfather spend most of his life in the U.S. before moving to Ireland). Given that my mom is domiciled in Ireland, I don't believe she can make a permanent residence application for me -but I thought I should ask.

    I sincerely appreciate your time in considering my position. It would mean the world to me if I found a way back to the U.S. In looking for jobs, I would like to have a solid proposal to present to prospective employers as to how I might be able to be there in legal status.

    With thanks.
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

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