H1B 6 year term!

[mestep3]

I am currently in the third year on my H1B visa sponsored by 'A'.

I know that the maximum period one can be on an H1B visa status in US is 6 years.

If I leave the US before my 3rd year of H1B expires and do not file for an extension, but file a NEW H1B sponsored by 'B' while I am outside the US.( Since I cannot file H1B transfer when physically outside the US) will my 6 years of H1B start fresh when I enter US again on the new H1B and the years I spent on the old H1B sponsored by 'A' will not be counted against the 6 year tenure of H1B.

 

[great guru]

z

To get fresh 6 years term of H1 B , you must stay 365 days physically outside US before applying new H1, and must apply fresh H1B under Quota.

I am currently in the third year on my H1B visa sponsored by 'A'.

I know that the maximum period one can be on an H1B visa status in US is 6 years.

If I leave the US before my 3rd year of H1B expires and do not file for an extension, but file a NEW H1B sponsored by 'B' while I am outside the US.( Since I cannot file H1B transfer when physically outside the US) will my 6 years of H1B start fresh when I enter US again on the new H1B and the years I spent on the old H1B sponsored by 'A' will not be counted against the 6 year tenure of H1B.

 

[mestep3]

z

To get fresh 6 years term of H1 B , you must stay 365 days physically outside US before applying new H1, and must apply fresh H1B under Quota.

Thanks for your reply greatguru.

An additional qtn -

If I decide to stay outside the US for 365 days and enter to reset my h1B timer ... can I file my "new" H1B petition anytime before the 365th day or have to wait till 365 days are completely over and then start the process of filing "New" H1B ?

 

[soomuh]

Dear all,

I have similar question:

I am leaving US in August 2008 and planning to be back in Oct 2009, new H1 term of 6 yrs.

Can I file for fresh H1 in April 2009 for the 2009 quota, even though I will not have completed the minimum 1 yr period. During filing process can I mention in the application that I will stay out of country for one year till Oct' 09 and get new 6yr term? Will that work?

Thanks for your reply greatguru.

An additional qtn -

If I decide to stay outside the US for 365 days and enter to reset my h1B timer ... can I file my "new" H1B petition anytime before the 365th day or have to wait till 365 days are completely over and then start the process of filing "New" H1B ?

 

[rchandran_19]

Thanks for your reply greatguru.

An additional qtn -

If I decide to stay outside the US for 365 days and enter to reset my h1B timer ... can I file my "new" H1B petition anytime before the 365th day or have to wait till 365 days are completely over and then start the process of filing "New" H1B ?

Yes

 

[manwithnoname]

To reset the H-1B clock, the beneficiary need to be physically outside of the US for 1 year. It doesn't matter whether the employer filed an H-1B in mean time.