h1b status

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ramu2003

Registered Users (C)
My friend was in INDIA trip on H1B valid until October 2006 - left on APRIL 1st week 2005 .In H1 there is a clause saying that if he is out of USA for a straight one year and if come back with the same H1...can he still apply for the fresh H1 which will be valid for next 6 years as he already out of that country for one year from Now?
As he is having present visa till next year.. means till October 2006 even if he come on the same visa next year in April i.e after one year he will be having another 6 months visa period..during that time if he change company and apply for H1 that company can claim for fresh H1 saying that he was out of the country for straight one year which is required for another H1 after the expiry of 6 years term.

Any suggestions regrading above situation? Please advise.Thanks
 
If he stays out of US for at least one year - the 6yr clock is reset. Note that at anytime UCIS approved for a max of 3yrs - but can be extended by another 3yrs. He can come back on his previous H1 and move to another co and apply for H1 transfer. When applying for transfer or extension the lawyer should mention the period he was out of US and request for 3 yr approval.
 
ravi kat said:
If he stays out of US for at least one year - the 6yr clock is reset. Note that at anytime UCIS approved for a max of 3yrs - but can be extended by another 3yrs. He can come back on his previous H1 and move to another co and apply for H1 transfer. When applying for transfer or extension the lawyer should mention the period he was out of US and request for 3 yr approval.
Click to expand...

If you exhaust 6 yrs with out any LC pending, you can re start your clock by another 6 six fresh years after staying one complete year out of USA.

While applying fresh H1 for another 6 yrs terms, you have to apply new H1 which will come under quota too.

Simply staying one year out of US within first 6 years period,(unless it is brand new h1 without any I 94 at the bottom) will not start the clock for further 6 yrs, it will give only one year compensation to stay one more year only (recapture time).
 
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