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I am writing about my situation and scenarios to get some expert opinion
Here is some background:
# I got my first H1B approval for 10/27/2004 to 3/31/2007 (2.5 years instead of 3 years)
# I got the visa stamped in December 2004
# I came to US on H1B in December 2004
# I got a 3 year extension in 2007 from 04/01/2007 to 03/31/2010 (3 years)
# I was at least 4 months outside of US since 2004
# I was on maternity leave for 3 months in 2009
# My Employer filed for second extension to recapture the unused time in February 2010
# My H1B expired on March 31, 2010
# My I-94 expired on April 10, 2010
# The final extension decision is pending an RFE
Total H1B time used = December 2004 to April 2010 - 4 months vacation = 5 years
Can maternity time be recaptured?
Can the time lost before I came to US be recaptured?
I want suggestions on some scenarios that I am exploring:
# What happens to my H1B if my extension is denied after RFE? Does this denial cancel my H1B?
# What happens if new employer hires me before my current extension application is denied?
* Can they apply for a simultaneous transfer and extension (to recapture 1 year of unused time)?
# If the current extension application is denied, can the new employer still file for a transfer?
# I am planning to leave the country since my current assignment ends in 2 weeks.
# Can I come back on an H4 visa (on my husbands H1B)?
# Would it be better to file a COS from H1 to H4 before leaving the country and withdraw the H1B extension to prevent denial?
* If I do that can I still transfer the H1B to a new employer?
# Suppose that the denial to my H1B extension invalidates my current H1B, Can my employer file for a new 2011 H1B or do I need to stay out of US for a year?
I would really appreciate if someone who knows the regulations answers my questions.
Thanks in advance.
Here is some background:
# I got my first H1B approval for 10/27/2004 to 3/31/2007 (2.5 years instead of 3 years)
# I got the visa stamped in December 2004
# I came to US on H1B in December 2004
# I got a 3 year extension in 2007 from 04/01/2007 to 03/31/2010 (3 years)
# I was at least 4 months outside of US since 2004
# I was on maternity leave for 3 months in 2009
# My Employer filed for second extension to recapture the unused time in February 2010
# My H1B expired on March 31, 2010
# My I-94 expired on April 10, 2010
# The final extension decision is pending an RFE
Total H1B time used = December 2004 to April 2010 - 4 months vacation = 5 years
Can maternity time be recaptured?
Can the time lost before I came to US be recaptured?
I want suggestions on some scenarios that I am exploring:
# What happens to my H1B if my extension is denied after RFE? Does this denial cancel my H1B?
# What happens if new employer hires me before my current extension application is denied?
* Can they apply for a simultaneous transfer and extension (to recapture 1 year of unused time)?
# If the current extension application is denied, can the new employer still file for a transfer?
# I am planning to leave the country since my current assignment ends in 2 weeks.
# Can I come back on an H4 visa (on my husbands H1B)?
# Would it be better to file a COS from H1 to H4 before leaving the country and withdraw the H1B extension to prevent denial?
* If I do that can I still transfer the H1B to a new employer?
# Suppose that the denial to my H1B extension invalidates my current H1B, Can my employer file for a new 2011 H1B or do I need to stay out of US for a year?
I would really appreciate if someone who knows the regulations answers my questions.
Thanks in advance.
