H1-B extension or new H1-B question!?

C

cartman976

Registered Users (C)
Hi,

Lets say I have an H1-B for 4 1/2 years. Now I have 1 1/2 years remaining.

If my company sends me out for an international assignment for 1 year, I have two options.

1 ) I can come back on the same H1-B.
Now since I've been out of the country for 1 year... do I get 6 more years on the same H1-B? Or do I only have 6 months left. If I only have 6 months left then I suppose I can reclaim the 1 year I was outside and still have 1 1/2 years left on my H1-B.

2) Since I've been out for 1 year. I can apply for a new H1-B right? This way I get 6 more years on my new H1-B, but I run into the H1-B quota issues though.
(a) Can my company do something even more unique. i.e Let me come back on my existing H1-B and also apply for a new H1-B for 6 years... ?

What I'm trying to see is that can I go out of the country for an international assignment now and reset my H1-B so that I have another 6 years left.

Anybody know or tried this?

Any help would be tremendously appreciated.
 
[2nd try] H1-B extension or new H1-B

Hi,

I'm on an H1-B that expires in Feb 2006. My company has international presence. However they are not willing to sponsor my Green Card in today's environment.

I am trying to convince my management to send me for an international assignment for one year. This might go through. Now I'm thinking of the logistics.

I do not want to wait till the last year of my H1-B. So I'm trying to get an international assignment ASAP.

I need to know the operational steps for the H1-B so that I can convince and guide my management.

If I go for an international assignment right now for 1 year... then technically I am not under the 6 year H1-B restriction. However since I'm with the same company all the time, I'm not sure if they can apply for a "NEW" H1-B instead of trying to reclaim the 1 year on my existing H1-B. If I get a new H1-B I have 6 more years in USA to get my green card started. If they only reclaim the time spent outside USA (1 year) then I'm in the same situation 1 year from now that I'm in today == not good!

So I'm wondering how can one go about this.

Also wondering if the following is possible.
1. I go on an international assignment for 1 year while keeping my current H1-B
2. I come back on my current H1-B
3. My company applies for a new H1-B for me (while i'm still working for the same company on current H1-B)
4. When my new H1-B comes in, I transfer to the new H1-B.

Or some such combination.

Please advise.

Thanks,
-Anoop.
 
there in lies the dilemma.

The process is reverse. IF i figure out the way I can propose it and get them to do it.

But If I ask them to figure out a way, its most likely not gonna happen.

So I need to know the rules before I tell my company and the company wants to know the rules before they tell their lawyers and the lawyers will only do it if I tell them what to do...

topsyturvy world.

cartman.
 
Originally posted by cartman976
there in lies the dilemma.

The process is reverse. IF i figure out the way I can propose it and get them to do it.

But If I ask them to figure out a way, its most likely not gonna happen.

So I need to know the rules before I tell my company
---- go to good lawyer he/she will tell you
and the company wants to know the rules
---- why dont the company contact a good lawyer and know the rules. Some questions don’t qualify to get free advice and company or you must pay to good lawyer and find the answer/ law/regulation.
before they tell their lawyers and the lawyers will only do it if I tell them what to do...
----- Then WHY dont you tell the lawyer or company what YOU or Company want to DO. go to lawyer and tell them what you or your company want to do. pay the fees and get the answer

topsyturvy world.

cartman.
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