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H1B extension after a gap of 1 year

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  • H1B extension after a gap of 1 year

    I have been in USA on L1B from 2002-04 and then on H1B from 2004-2008. Since I had completed 6 years on a work visa I had returned back to my home country and now completed 1 year out of USA. My question below :

    1) Now I have changed my employer outside of USA. As per my understanding my new employer can transfer my H1 and as per Michael Aytes, CIS, dated 12/5/06 I will have 2 years left on my H1. Please confirm if my understanding is correct.

    2) Assuming that I go back to US on this H1B thru the new employer, I would like to know after 2 years can I get an extension on the same H1 or do I need to file for a new H1 assuming that no GC is filed.

  • #2
    File a new H1B in April (New quota) and use that to travel to U.S. That way, you will get fresh 6 years in your H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      do we have answer to this question

      Originally posted by shervin143 View Post
      File a new H1B in April (New quota) and use that to travel to U.S. That way, you will get fresh 6 years in your H1B.
      somebody please clarify, i am in the same condition

      Comment


      • #4
        Help please

        [QUOTE=ayachetula;195668]I have been in USA on L1B from 2002-04 and then on H1B from 2004-2008. Since I had completed 6 years on a work visa I had returned back to my home country and now completed 1 year out of USA. My question below :

        I have a simple question. Please help.

        Chronological events -
        a) L1 for 4 yrs (total physical stay excluding less than one yr trips away from US)
        b) H1 for 2 yrs
        c) Return back to India for more than an year - cool off period

        Now, can I use the same H1 for another 4 yrs since H1 total is 6 yrs ( 2 yr earlier and 4 yr new)?

        Comment


        • #5
          No you cannot. Its not 6 Years of H1, its 6 Years of H1+L1 in your case, which has already been exhausted. You will need to file a new H1 petition. The current cap is closed and next one will open in April 2014 with start date of 01-OCt-2014.

          This is my opinion not legal advice.

          Comment


          • #6
            Thanks

            Originally posted by raghvi View Post
            No you cannot. Its not 6 Years of H1, its 6 Years of H1+L1 in your case, which has already been exhausted. You will need to file a new H1 petition. The current cap is closed and next one will open in April 2014 with start date of 01-OCt-2014.

            This is my opinion not legal advice.

            Thanks for your answer. I was trying to figure out what can happen in future for me. (the earlier chronological event list)
            My employer has filed H1 for me this year and got through lottery.

            So, it should be right to assume that the expiration date for my H1 on my approval will be Oct 1,2013 + 2 yrs. In a way, despite all the hassles of getting selected in lottery etc , I get H1 only for 2 yrs.

            Am I correct?
            Last edited by sachyadon; 07-26-2013, 02:22 PM.

            Comment


            • #7
              Originally posted by sachyadon View Post
              Thanks for your answer. I was trying to figure out what can happen in future for me. (the earlier chronological event list)
              My employer has filed H1 for me this year and got through lottery.

              So, it should be right to assume that the expiration date for my H1 on my approval will be Oct 1,2013 + 2 yrs. In a way, despite all the hassles of getting selected in lottery etc , I get H1 only for 2 yrs.

              Am I correct?
              No. You should get fresh 6 Years as you filed fresh H1 after completing 1 Year outside US stay.

              This is my opinion not legal advice.

              Comment


              • #8
                H1 transfer without any visa stamp

                This is the situation
                1) Me now in US in L1, my employer X applied for H1 for me. I have got approval but now the employer doesn't have work and says I got to return. Looks like more of a personal issue than employer not having work really cause it is a big company and they have lot of other projects
                2) I may have to return to India
                3) After , returning to India can I tranfer my H1 to some other company.

                As of now, I have just L1 stamp and not H1 stamp on visa.
                Please suggest.

                Comment

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