H1B extension questions, too

C

chenyuan

New Member
Hello,
Can anyone answer the following questions I have regarding H1-Extensions:

1) My H1-B is due to expire in Feb 2004. my first H1B1 started from
10/01/1999 until 09/30/2002. On 03/20/2001, I was hired by another company, so my H1B1 is transfered to the new company and is from 03/20/2001 to 02/15/2004.
So, my company can only extend my H1B1 to 10/01/2005, is that correct?

2) On June/2001, I was send back to my home country work and work as supporting software engineer -- until today (it's two years), but my head count was in the state. Can this be treated that I work outside of the states. If the answer is yes, should I
reapply my H1B1 visa? Or can anyone explain the entire situation for me?

Thanks in advance for your answers

Cheers
 
1. Ideally Yes
2. What do you mean head count? Were you on the US company's payrolls and got W-2 and paid US federal income taxes? Then that period will still be considered as enjoying H1.
If you were not paid AND you filed IT return in that country then you can prove to BCIS that your stay outside US was more than 1 year and can apply a fresh new H1 and enjoy another 6 years in H1.
 
Hi,
I am still on the payroll of my US company and I got W2.
So I guess I don't have a fresh 6 years of H1-B1 then.

Thanks a lot for your answer.

Chenyuan
 
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