Current H1b or fresh new h1b? Please help.

[jl441]

My current situation is below. I would really appreciate for any of your valuable suggestion and advice.

- My current H1b expires on December 31, 2007.
- I am currently out of US since November 22, 2005. I actually quitted my job voluntarily in October, 2005, in order to come back to Korea and take care of my parents.
- My previous boss in US recently called me and wants to hire me back.
- I am thinking to go back to US. Therefore it has been 5 months since I left US.
- When I enter US this time, I want to get the green card processed as soon as possible.


Scenario 1.

If I use my current H1b expiring 12/31/07, would I have enough time to apply a green card? Do I need to recapture my time out of US and apply 7th year H1b?


Scenario 2.

Is it better to wait till November 23, 2006 to take “one year break” option and apply a fresh H1b visa with my master degree (assuming that the H1b quota is still available for master degree holders by then)?


Anyone please give me valuable advices. I actually want to go back US as soon as possible. Thank you very much.

Jackie

 

[great guru]

My current situation is below. I would really appreciate for any of your valuable suggestion and advice.
To give you any advise, your first entry date to US is required.
- My current H1b expires on December 31, 2007.
- I am currently out of US since November 22, 2005. I actually quitted my job voluntarily in October, 2005, in order to come back to Korea and take care of my parents.
- My previous boss in US recently called me and wants to hire me back.
- I am thinking to go back to US. Therefore it has been 5 months since I left US.
- When I enter US this time, I want to get the green card processed as soon as possible.


Scenario 1.

If I use my current H1b expiring 12/31/07, would I have enough time to apply a green card? Do I need to recapture my time out of US and apply 7th year H1b?

If your employer willing to file your Labor Certification right away or as soon as you arrive here you are OK. You can recapture one year out of US stay too.
Scenario 2.

Is it better to wait till November 23, 2006 to take “one year break” option and apply a fresh H1b visa with my master degree (assuming that the H1b quota is still available for master degree holders by then)?

Visa will not be availble, it may get exhausted very soon.

Anyone please give me valuable advices. I actually want to go back US as soon as possible. Thank you very much.

Jackie

 

[jl441]

Thank you, Great Guru.

I have switched from OPT to H1b in November 2001. The first entry day with F1 was January 20, 1999. The entry day with H1b was January 3, 2002. Thank you for your advice in advance.

Jackie