H1B

[shreerr]

Hi All,
I have a situation with my H1B. I have entered into USA first time in Aug'99 with a H1 valid till may'2001. and I have got it extended for another 3 years till March'2004 and I got my visa revalidated from St.Louis also. after I have got my Visa revalidated, I have left USA on 3rd September 2001 to India. I have stayed in India for about 2years and came back to USA on 18th September 2003. now I have got only 6months left on my H1.
as of now I do not have any Greencard under process.
I need your help with this...
Since I have stayed outside USA for more than one year, am I eligible for a fresh period of 3 Years.
what can I do with this...?
I need all of your help with this issue..
thanks
ShreeRR

[JoeF]

On what visa did you come back? Are you working for the company you got the H1 from?
In general, a stay abroad for 1 year resets the H1 clock.

[shreerr]

H1 after staying 1Yr abroad

Hi Joseph,
I came back to USA on H1 again and I am working for the same company ever since I have entered into US for the first time.
do you think my H1 is going to be 6 more years from now..?
I appreciate your response and thanks very much
Shree

[JoeF]

Re: H1 after staying 1Yr abroad

Hmm, my name is not Joseph. Joe is a nickname, and not an abbreviation of Joseph...
To the content: the law says that if you spent a year abroad, you can get a new 6 years.
But my concern was rather, did you get a new H1, or did you use the old one? If you used the old one, USCIS may not even be aware that you were abroad for 2 years.
So to get an extension, your lawyer should include documentation of your stay abroad to USCIS when he files the extension.