H1B continuity for six year limit (urgent please)

T

trmm333

Registered Users (C)
I have been working in the USA for the past four years. Now, I only have two years to reach the six year limit. Due to job scenario, my current H1B might be cancelled soon.

Q1. If I return to my country for one year (after cancelling the current H1B visa), can I come to the USA to start the next cycle of six years? Or Do I have to utilize the remaining two years and then spend one year outside the USA to start the next cycle? How does it work?

Q2. If I decide to return to my country for one year now and start a new H1B or transfer H1B process (before I leave), can I come back to the USA to work using the H1 visa obtained by this process? Is this allowed? Would that start a new six year cycle or would that keep counting towards the end of the first cycle with two years remaining?

Any idea regarding this is much appreciated as I have to quickly take lot of decisions based on these questions.
Thanks a lot,
Madhan.
 
1.As of mar 27, 2003, you can be away for 1 year and enjoy a fresh 6 yr h1 afterwards... This means not visiting USA for one full and continous year, after you leave US.

2. You cannot do a h1 transfer. It has to be a new h1. Which means that a process started now is a suspect for the new h1.
The assumption is that BCIS approves within 6 months and you have 60 days to join the company. so if you drop off for a year, current processing (unless requesting a future start date) will not result in a usable h1.

The guidelines about this process are very few and so the intrepretations are rigid..
 
Thanks Jaxen! Just a follow up on your second answer.
If I request a future date (say, Apr 2004) on my new H1B and assuming BCIS approves the petition and I am away for one full continuous year, can I start a fresh six year cycle because I am physically away even though my H1 approval/start date is pending.
Thanks again.
 
key..

is for U to be away from US for 1whole year... i dont think your application date figure in the picture...
 
If you apply before you have actually spent 365 days out of the US, you will only be eligible for an approval notice at that point for the time that you have remaining (in your case about 2 years). The fact that you have a later start date will not permit the six year clock to restart. When your "new H-1" starts to expire, you will then be eligible for an extension since you will then be able to show a one year period where you were out of the US.

I hope you understand, this is not the easiest thing to explain in this forum.
 
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