H1B - Out of Country

A

ankit20

Registered Users (C)
Hi,

I am currently on H1B with 3 yrs left. I want to leave the US and work out of the country for a new employer; for obvious reasons my current H1B would be invalid. In fact I would come to US from time to time for pleasure on a visitor (B1/B2) visa.

I want to ask that if I want to come back and work in the US after few months or few years, can a new employer file an H1B in the middle of the year or would I have to get in line with the quota system and file on April 1 which would make getting a job very difficult.
Thanks in advance for the responses.

Curious
 
After an interruption of more than a year you will be subject to the quota again. You can enter on B1/B2, thats no problem.
 
nscagony said:
After an interruption of more than a year you will be subject to the quota again. You can enter on B1/B2, thats no problem.
Click to expand...

Still saying that crap !? How many times are you going to post this BS ?
Read the memo before posting WRONG info.
 
ankit20 said:
Hi,

I am currently on H1B with 3 yrs left. I want to leave the US and work out of the country for a new employer; for obvious reasons my current H1B would be invalid. In fact I would come to US from time to time for pleasure on a visitor (B1/B2) visa.

I want to ask that if I want to come back and work in the US after few months or few years, can a new employer file an H1B in the middle of the year or would I have to get in line with the quota system and file on April 1 which would make getting a job very difficult.
Thanks in advance for the responses.

Curious
Click to expand...
Your new employer can apply H1 anytime of year and no need to worry about quota if not away from the US very long time.
 
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Posting with larger font doesn't make you right either. And I did read the 2006 memo on this. Maybe you should read it instead of yelling. If an employer files a new petition for him because he is eligible for a new 6 year term since he spent a full year outside the US, he will be subject to the cap (page 6 at the bottom). If he returns within 6 years of the initial issuance of his H1 he can apply for using the remainder of his time. However, that only makes sense if he didn't do a year outside the US otherwise he puts himself needlessly on a shorter duration of stay. Last but not least, he does need B1/B2 because he won't be entering with the intent to work with his H visa.

ankit20, good luck with your plans and double check with an attorney before making your final plans.
 
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nscagony said:
If an employer files a new petition for him because he is eligible for a new 6 year term since he spent a full year outside the US, he will be subject to the cap (page 6 at the bottom).
Click to expand...
First, bottom of page 6 has nothing to do with H1 remainder option.
Second, of course, it will be subject to quota if new employer choose to file H1 petition under the new quota. That's not the scope of OP's interest. What OP asked was whether he can get around quota next time he applis H1 and answer is HE CAN as far as it is within 6 years from initial H1 regardless of whether he is away from the US more than a year or not.
Third, you said this.
After an interruption of more than a year you will be subject to the quota again.
Click to expand...
He can be subject to quota, but he does not have to either. I don't know what you are seeing at the bottom of page6, but USCIS kindly shows an example in page4 and 5 and it clearly tells he can use remainder period even though he is out of the US more than a year.
If he returns within 6 years of the initial issuance of his H1 he can apply for using the remainder of his time. However, that only makes sense if he didn't do a year outside the US otherwise he puts himself needlessly on a shorter duration of stay.
.
Click to expand...
It makes sense only in your mind.

http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf

Page 8 says
"USCIS for now will allow an alien in the situation described above to elect either (1) to be re-admitted for the reminder of the initial six year admission period without being subject to the H1 cap if previously counted or (2) seek to be admitted as a new H1B alien subject to the H1B cap" and actual example follows.


Very clearly mentioned in the memo, yet you couldn't understand. You either didn't read the memo or have an issue with reading comprehension skill.
 
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GotPR,

This is great. Thanks for answering as well as including the link which clarifies what you had mentioned. I really appreciate the response.

Anks
 
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