H1b Renewal

[samirkunj]

Help Needed to make Travel Decision. Immediate Response Really Appreciated.

I got First H1b Stamping on 16-MAR-2007 with ABC Company. Never travelled to US with this visa

I got new petition and H1b in same quota on 16-SEP-2009 with Company XYZ. It expires on 31-DEC-2011. Traveled to USA on this visa from 11-NOV-2010 to 7-DEC-2010 – One month only. Now I have only 6 months left in visa expiry.

I am in India and want to travel US in June 2011 end and wanted to stay there for next 3 years. Company is genuine and they are giving me Job Continuing Offer letter. Even after 6 months they will file renewal petition for me to extend my stay.

My question:-
1. Can I get extension stay without any query? if not what could be issue?
2. What kind of queries could be raised by USCIS?

Please help me to make travel decision.

[kabkaba]

You have only used 1 month from your 6 year limit. Your new employer can certainly file a new petition using this cap number requesting immediate start date. New employer will be required to prove that they have a job and project (if consulting) waiting for you.
Once this petition is approved, you can use your existing visa in your passport to travel to the US and work for this new employer. Petition can be approved for 3 years and visa need not be valid till 3 years. (It only needs to be valid on the day you travel to the US)

[samirkunj]

Thanks for your reply.

Yes I used only 1 month from 6 Years. Now I want to enter US before my visa and petition expires. After entering US, my employer immediately file for my new petition and extension, so I don't need to come back to india, if my petition approves on time.

My employer is genuine and they have a project ready for me.

I am just asking, is there any legal issues or some difficulties to get extension ?
Does USCIS, ask that why I spend all the time outside US, though my visa was valid etc ?

[kabkaba]

You cannot travel to US without valid petition. If you travel using previous employer's petition to work for another employer, that is considered as fraud. First have your new employer file a petition and travel after approval. You can consult an experienced attorney of your own.