Complex situation H1B!

M

mestep3

Registered Users (C)
I am currently on an H1B visa status in US
since Aug 2005 and my status expires on July 2008.
I havent had any interuptions in my H1B status during this period.
(in the form of vacation or any travel outside the US)

I am planning to quit my current job and go back to my
home country for a period of 6 months.After 6 months I will have another company sponsor my "new" h1B and this company is exempt from h1B cap.

My qtn is ---

1) Is this considered a meaningful interruption in
H1B status when I request for the H1B extension beyond maximum limit of 6 years for H1B ?

2) Do I have to notify the USCIS when I quit the job that I would
like to surrender my H1B status and go back to my home country (so that next time I enter on a new h1B status sponsored by another H1B cap exempt company)? Or the employer has to do that ?

If yes how do I do that ?

3) What abt the legal issues like bank account? Cos I assume my SSN will not be valid once I am no longer in H1B status and outside the US.Can I keep bank account active even after not being in H1B status
and being physically outside the US?

4) How many days after quitting the job and informing the USCIS do I have to wrap up things and leave US?

=============================================================
THE MAIN REASON FOR DOING THIS IS BECAUSE I NEED TO SAVE AS MUCH TIME AS I CAN FROM THE H1B STATUS 3 YEAR PERIOD I HAVE TILL JULY 2008 INORDER TO UTILIZE FOR MY H1B 6 YEAR EXTENSION.

Another option I have is to just go on a 6 month vacation without quitting the current job and in the meantime have the company 'B' file a "new" H1B petition for me while I am still on vacation physically outside the US. Is this possible ?
In this case what are the chances of having the H1B petition by company 'B' approved? Also in this case will I get the time spent outside the US on current H1B status be eligible for against my 6 year H1B extension?

In both of the above cases where do I have more chances of being in a safe position?
 
z
mestep3 said:
I am currently on an H1B visa status in US
since Aug 2005 and my status expires on July 2008.
I havent had any interuptions in my H1B status during this period.
(in the form of vacation or any travel outside the US)

I am planning to quit my current job and go back to my
home country for a period of 6 months.After 6 months I will have another company sponsor my "new" h1B and this company is exempt from h1B cap.

My qtn is ---

1) Is this considered a meaningful interruption in
H1B status when I request for the H1B extension beyond maximum limit of 6 years for H1B ?
For H1b extn beyond six years need no interruption in your H1, but does need a pending Labor certification (GC) to do that. To get full fresh 6 years H1, you need to be out side US for a period of 365 days.

2) Do I have to notify the USCIS when I quit the job that I would
like to surrender my H1B status and go back to my home country (so that next time I enter on a new h1B status sponsored by another H1B cap exempt company)? Or the employer has to do that ?
Just hand over your I 94 at the air port ticket check in clerk, and leave.
If yes how do I do that ?

3) What abt the legal issues like bank account? Cos I assume my SSN will not be valid once I am no longer in H1B status and outside the US.Can I keep bank account active even after not being in H1B status
and being physically outside the US?
Your SSN once assigned, it is valid for tax purposes. Only you can not work without a work permit (H1/EAD/GC).
To open a bank account in US and maintain it , first of all you no need to be in US, you can open it from your home country if your county permit it (you can even buy property- with out any visa) , and have some kind of business.
4) How many days after quitting the job and informing the USCIS do I have to wrap up things and leave US? ASAP,

=============================================================
THE MAIN REASON FOR DOING THIS IS BECAUSE I NEED TO SAVE AS MUCH TIME AS I CAN FROM THE H1B STATUS 3 YEAR PERIOD I HAVE TILL JULY 2008 INORDER TO UTILIZE FOR MY H1B 6 YEAR EXTENSION.

Another option I have is to just go on a 6 month vacation without quitting the current job and in the meantime have the company 'B' file a "new" H1B petition for me while I am still on vacation physically outside the US. Is this possible ?
In this case what are the chances of having the H1B petition by company 'B' approved? Also in this case will I get the time spent outside the US on current H1B status be eligible for against my 6 year H1B extension?

In both of the above cases where do I have more chances of being in a safe position?
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