h1 Extension

[123naren]

Please advise me.

I got my H1b issued in Feb 2001 and moved to US in Mar 2001 for job. I was working for various companies till Sept 2005 before I decided to shift back to India after staying in US for almost 4 years six months. I am in India since then and have valid visa till March 2007. You can call this unpaid vacation too. I have not done any paperwork to inform INS that I will be out of country for more than a year. To summarize out of total of six years due be over in March 2007, I have stayed in US for 4 years six months. I am an IT professional wth more than 14 years of experience.

I had never applied for my green card during my stay in US but had employers changed and got my h1b transferred and got my visa stamped. My current visa stamp on the passport corresponds with my current employer.

I am thinking of moving back to us subject to my visa status allowing me.

I have few questions.

1) Can I enter US with my current visa, start working and apply for extension on the same visa. (Please note I have only little over 4 months left now) ?

2) I want to start my green card after going back to US again. What is the best option?



Please advise.

Thanks for your help in advance.

Naren

 

[aa2aa]

My view:
You can come back to US on the same visa. Make sure you bring some paperwork from your employer in the US that they expecting you to come to the US. I have spent 3-4 months outside US and came back without any problems.
You can apply for H1 extension and show them you haven't used all of your time on H1 in past six year. I did the same and I was able to get 11 additional months. No problems here.
Since you are left with one and half years before your six years are over, you should apply your green card within next 6 months and you'll keep getting extensions beyond 6 years.