Dear Forum Members!
We are in a difficult situation and need your help.
The situation is: I am on H-3 visa, started in December 2006 and expires August 2008. My employer wants to file an H-1B for me. That is where the difficult part comes in.
The law states "After the two year training period, no extension, change of status or readmission in H or L status will be granted unless the foreign national has resided and is physically outside of the U.S. for six (6) months”.
Which one of the following scenarios would be correct?
1. We apply for H-1B this coming April and, if it is approved to start October 1, I will leave in August when my visa expires. But since I have to be out for 6 months, the Embassy will not issue the visa until February 1, 2009 and I will wait in my home country for 6 months and come back on the approved H-1B.
2. If we apply for H-1B this April they will automatically reject it either because you have to be out for 6 months before APPLYING for a new H-1B or because you can not apply earlier that 6 months before the intended employment starts. Which for me will not be October 1, it will be February 1 of 2009, i.e. is April 1 is 9 months before the start of employment.
So, can I apply this April? Is there any waiver to this 6 months rule?
I will appreciate any help. Thank you!
We are in a difficult situation and need your help.
The situation is: I am on H-3 visa, started in December 2006 and expires August 2008. My employer wants to file an H-1B for me. That is where the difficult part comes in.
The law states "After the two year training period, no extension, change of status or readmission in H or L status will be granted unless the foreign national has resided and is physically outside of the U.S. for six (6) months”.
Which one of the following scenarios would be correct?
1. We apply for H-1B this coming April and, if it is approved to start October 1, I will leave in August when my visa expires. But since I have to be out for 6 months, the Embassy will not issue the visa until February 1, 2009 and I will wait in my home country for 6 months and come back on the approved H-1B.
2. If we apply for H-1B this April they will automatically reject it either because you have to be out for 6 months before APPLYING for a new H-1B or because you can not apply earlier that 6 months before the intended employment starts. Which for me will not be October 1, it will be February 1 of 2009, i.e. is April 1 is 9 months before the start of employment.
So, can I apply this April? Is there any waiver to this 6 months rule?
I will appreciate any help. Thank you!