H1B Extension - Moving Back for sometime!

C

cool_r2i

Registered Users (C)
I hold a valid H1B visa and residing in United States now. My visa will expire in October 2007 and I will be moving back to India by August 2007, because of my personal reasons. However, my employer wants to renew my H1B visa for next 3 years and is applying for extension now (April 2007).

My questions are:
1) Is it a good idea to renew the visa? Because, at least for the next 1 year I do not plan to come back to the US.
2) Will I get credit for the time I was out of US? That is, if I come back after a year (even though my visa is renewed now), will I get the next 3 years in US? _OR_ is it just the remaining 2 years?
3) Are there any known issues with this scenario?

Please reply. Your replies will be highly appreciated.
 
Did your employer file any Labor Cert (PERM) for you?

If no, then there is not much use in extn and staying in India for a long time and coming back.


cool_r2i said:
I hold a valid H1B visa and residing in United States now. My visa will expire in October 2007 and I will be moving back to India by August 2007, because of my personal reasons. However, my employer wants to renew my H1B visa for next 3 years and is applying for extension now (April 2007).

My questions are:
1) Is it a good idea to renew the visa? Because, at least for the next 1 year I do not plan to come back to the US.
2) Will I get credit for the time I was out of US? That is, if I come back after a year (even though my visa is renewed now), will I get the next 3 years in US? _OR_ is it just the remaining 2 years?
3) Are there any known issues with this scenario?

Please reply. Your replies will be highly appreciated.
Click to expand...
 
great guru said:
Did your employer file any Labor Cert (PERM) for you?

If no, then there is not much use in extn and staying in India for a long time and coming back.
Click to expand...

No. They have not applied for PERM. But, I will be going back to India and working for the same employer in India. Actually, I was here on a company trasnfer on H1B.

My employer says that it may be difficult to get H1 again because of all this quotas, lottery etc and wants to preserve this for next 3 years. So, my question is:
1) Will I get credit for the time I was out of US? That is, if I come back after a year (even though my visa is renewed now), will I get the next 3 years in US? _OR_ is it just the remaining 2 years?
2) Are there any known issues with this scenario?

Also, if I don't renew it now, can I get it renewed after 1 year (by that time the existing visa would have got expired) _OR_ do I need to apply for a fresh H1B application?
 
cool_r2i said:
No. They have not applied for PERM. But, I will be going back to India and working for the same employer in India. Actually, I was here on a company trasnfer on H1B.

My employer says that it may be difficult to get H1 again because of all this quotas, lottery etc and wants to preserve this for next 3 years. So, my question is:
1) Will I get credit for the time I was out of US? That is, if I come back after a year (even though my visa is renewed now), will I get the next 3 years in US? _OR_ is it just the remaining 2 years?
2) Are there any known issues with this scenario?

Also, if I don't renew it now, can I get it renewed after 1 year (by that time the existing visa would have got expired) _OR_ do I need to apply for a fresh H1B application?
Click to expand...

Your employer is right. You will need to get a new H1 which will be very difficult in current scenario of H1 Cap. If you are outside of US that time will not count toward your 6 year limit.
 
Whatever the time you stayed inside USA only alone count against your 6 year duration. Whatever the time you are outside the US can beadded up to your H1 duration.

Are you not interested in getting your GC?


cool_r2i said:
No. They have not applied for PERM. But, I will be going back to India and working for the same employer in India. Actually, I was here on a company trasnfer on H1B.

My employer says that it may be difficult to get H1 again because of all this quotas, lottery etc and wants to preserve this for next 3 years. So, my question is:
1) Will I get credit for the time I was out of US? That is, if I come back after a year (even though my visa is renewed now), will I get the next 3 years in US? _OR_ is it just the remaining 2 years?
2) Are there any known issues with this scenario?

Also, if I don't renew it now, can I get it renewed after 1 year (by that time the existing visa would have got expired) _OR_ do I need to apply for a fresh H1B application?
Click to expand...
 
great guru said:
Whatever the time you stayed inside USA only alone count against your 6 year duration. Whatever the time you are outside the US can beadded up to your H1 duration.

Are you not interested in getting your GC?
Click to expand...

Well, I am interested in getting GC,

My situation is like this...
a) I work for an Indian company and based in Bangalore. During 2005, the client asked our company to send a few engineers onsite and our company agreed. I came here during March 2005. (My H1 was applied for approved in 2004 OCT).
b) Now, by september 2007 my visa is getting expired. And, our company wants to get it extended for 3 more years. But, I want to go back to India to take care of some personal things and do not plan to return for next one year (at least).

So, with your answer, it looks like applying for renewal (extension) of H1B is very good and removes the hassle of going for H1B application again. However, I am not sure of what is required for GC and if it is a viable option now.

Please let me know if you have any suggestions.
 
cool_r2i said:
Well, I am interested in getting GC,

My situation is like this...
a) I work for an Indian company and based in Bangalore. During 2005, the client asked our company to send a few engineers onsite and our company agreed. I came here during March 2005. (My H1 was applied for approved in 2004 OCT).
b) Now, by september 2007 my visa is getting expired. And, our company wants to get it extended for 3 more years. But, I want to go back to India to take care of some personal things and do not plan to return for next one year (at least).

So, with your answer, it looks like applying for renewal (extension) of H1B is very good and removes the hassle of going for H1B application again. However, I am not sure of what is required for GC and if it is a viable option now.

Please let me know if you have any suggestions.
Click to expand...


Hello,
Can any of the senior members reply with concrete answers?

Appreciate your reply.
 
You must log in or register to reply here.
Top