H1 6 year clock reset subject to lottery??

S

ss1513

New Member
Hello,
I have been in US for 4.5 years on H1B. My current petition is approved till Jun 2010 (Visa stamping not done).

If I leave the country, say in Feb 2009, and return in Mar 2010, what happens to --

1. 4.5 years of stay in H1 --- I believe it gets reset.

2. Can I use the same petition, and not be subject to the 65k cap, or would it have to be a new petition, going through the lottery system?

Thanks,
SS1513
 
It's funny that it's considered H1 application has to go with lottery like by default.
If H1 application goes lottery on the first date this year while unemployment rate is 15 years high, I'll call all these H1 sponsors fraud. DOL prolly will look more closely this year.
 
H1b does not require companies to prove that they could not find an equally suitable Us citizen or permanent resident. so companies can file H1B in this economy.

Labor (PERM) requires companies to prove that they could not find a suitable person for the job before sponsoring.


though there is noise that senators are planning to change rules and make H1b petition subject to same rules like Labor (PERM).
 
sandyabc said:
H1b does not require companies to prove that they could not find an equally suitable Us citizen or permanent resident. so companies can file H1B in this economy.
DOL is the one who tests the market and make a decision. Without approved LCA, H1 cannot be approved. In the same way, CIS can also deny the petition if they think there are enough workforce in the market.
But it doesn't stop the companies from filing H1 though
Labor (PERM) requires companies to prove that they could not find a suitable person for the job before sponsoring.


though there is noise that senators are planning to change rules and make H1b petition subject to same rules like Labor (PERM).
Click to expand...

.
 
ss1513 said:
Hello,
I have been in US for 4.5 years on H1B. My current petition is approved till Jun 2010 (Visa stamping not done).

If I leave the country, say in Feb 2009, and return in Mar 2010, what happens to --

1. 4.5 years of stay in H1 --- I believe it gets reset.

2. Can I use the same petition, and not be subject to the 65k cap, or would it have to be a new petition, going through the lottery system?

Thanks,
SS1513
Click to expand...

You can continue ur old H1.. see this memo from USCIS.
http://www.murthy.com/nflash/nf_122006.html
 
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