H1b renewal with year(s) gap

[uspatil]

Hi All,

My first 3 years of H1b is ending this October 2010. I do not want to use the next 3years of the H1b (i.e., renewal) right now, but want to take a break for 1 or 2 years. My questions are

1) Is there any time gap limit to apply for renewal of H1b visa ?
2) If there is no time gap limit on the renewal of H1b visa, then it does not come under 65,000 CAP ?

All I want to ask is, I do not want to renew my second 3 years of H1b now, but need to take break for 1 or 2 years and then find a sponsor and apply for H1b renewal.

Thank you,
Ujwal

[shervin143]

1) Is there any time gap limit to apply for renewal of H1b visa ?
>>> No.

2) If there is no time gap limit on the renewal of H1b visa, then it does not come under 65,000 CAP ?
>>> Renewal or transfer doesn't fall under the CAP. You can use the remaining unused years.

All I want to ask is, I do not want to renew my second 3 years of H1b now, but need to take break for 1 or 2 years and then find a sponsor and apply for H1b renewal.
>>> If you want to take a 1 or 2 year break, then why don't you apply a fresh H1B which will give you a fresh 6 year period. Renewal or transfer will give you only the remaining period and after that you need to stay out of the country for 1 whole year. And transfer is possible only if the H1B petition remains valid.

[uspatil]

Thanks Shrevin143 for the quick response and detailed help.
Much much appreciate this.

1) If i stay 1 year outside US, I can apply for Fresh H1b or renew the existing one. :- this info is clear to me.

2)" And transfer is possible only if the H1B petition remains valid."
I did not understand this. If a sponsor applies for my H1b renewal then it should be renewed. Could you please throw some light on this.

Thank you,
Ujwal

[shervin143]

In order to transfer your H1B petition to a new company, the current petition should be valid. You cannot transfer an expired petition. There is not much diference between transfer and a new H1B. They are just some checkboxes that need to be selected or unselected in the form I-129.