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Advise required for my H1B Case - Please help

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  • Advise required for my H1B Case - Please help

    The important dates for my case is as below:

    OCT'03 - Got my fresh H1B Petition.
    Jan'04 - Came to USA .
    Nov'06 - Got my H1 extended
    Oct'09 - Expiry Date on current petition and on Stamped Visa.

    All through out, I am still with the same employer.

    Now based on the above information, I have few questions as below:
    (1) If I transfer my H1 now with other employer, will I get the transfered Visa till Oct'09 or it will also include my remaining days for 6 years. So in this case as I came to US in Jan'04 and went about 2 months on vacation in middle, will I get it extended till March 2010 ?

    (2) Suppose the answer to the 1st question is March 2010 then if I go back to India now after the transfer, can I file for a new H1 application through lottery system from another employer next year(2009)?

    (3) If the answer to 2nd question is YES, then suppose I get my new H1 application through lottery system and I come back to US after spending one year in India , will I get my 6 years reset so that I can stay in US for 6 more years on new H1B without having to go through GC process.

    Appreciate your help and time.

  • #2
    1. Nothing is automatic. Your lawyer has to clearly explain the in-outs and do the math for H1b remaining period and explain to USCIS to get whatever is left of that H1b.
    2. Possible if you leave before Oct 1st. It should be 2010 quota.
    3. Yes

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Please help........

      Thanks for the response.........appreciate your help.

      But can you please ellaborate your 2nd answer where you said that it is possible only if I leave before 1st Oct ? I didn't get why I have to leave before 1st Oct'08 for this to happen?
      Would really appreciate your response as this is very critical for me.

      Thanks

      Comment


      • #4
        Duh? I thought it was pretty self explanatory. The new H1b quota starts Oct 1st and technically, one can apply for it 6 months prior to the start date of the H1b. Now it has become mandatory to do so due to the quota getting exhausted by the first week of Apr.

        For you to be eligible for the new 6 year term, you need to have spent 1 year outside the US physically. Hence, you have to leave before Oct 1st to be eligible for the new quota and 6 year term again.
        Last edited by txh1b; 09-21-2008, 11:23 PM.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Originally posted by txh1b
          Now it has become mandatory to do so due to the quota getting exhausted by the first week of Oct.
          You meant Apr, right?

          Comment


          • #6
            Originally posted by orion
            You meant Apr, right?
            Yep. Corrected.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Please Help

              Thanks for clarifying the question and I really appreciate your help.

              But obviously now I cannot leave US before 1st Oct and I understand that it would not be possible for me to reset my 6 years but it also seems that I cannot apply for a new H1B quota next year. But I explicitly want to clarify the same.

              So now I want to know that if I travel in this Dec'08 back to India with my current EMPLOYER A , am I eligible to apply for a new H1 in 2009 through any other EMPLOYER B or I cannot apply for a new H1 until 2010, which will mean that if my current employer do not give me the option of coming to US , I cannot come to US until Oct'2010.

              Please understand I am asking all these becuase I have to go back to India in DEC'08 for 6-8 months due to personal reasons and want to explore my options of coming back after that.

              Please advise.

              Comment


              • #8
                My post from 09-21-2008 5:56 PM clarifies the underlying reason and calculations. If you need more, talk to an attorney.

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment


                • #9
                  Why can't the employer file for your labor and start your green card instead of you going for the new quota? That way, any period spent outside the US can be reclaimed, your labor would have aged to allow extensions past 6 years.

                  I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                  Comment

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