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H1- six year limit

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  • H1- six year limit


    My husband has been in US from May,1997. He has not applied for Permanent Residency. The six year limit on his H-1 will end on Feb, 2003. So, He is left with about 18 months from now.

    Right now, He finished his project in US and took a project outside the country with another employer this month. But his H-1 visa with the US employer is still valid. He can come back to US any time now and work on that visa(which is valid till Feb, 2003).

    If he stays outside the United States for one year and comes back in October, 2002,

    1) will he be eligible for another six years of H-1?

    2) If yes, What should he do to get that fresh six year time again?

    a) Can he come back on the same H-1 visa after one year and still get that six year time?

    b) or Should he ask his emplyer in U.S to withdraw the H-1 and come on a new one?

    3) If he can come back on the same H-1, Can he start his Permanent Residency application right now without him being in U.S?

    Thanks in advance.