New H1-B after one existing H1-B

C

cartman976

Registered Users (C)
Hi,
I am currently on an H1-B with over 4 years on it gone. I have less than 2 years left on my H1-B.

My company is unwilling to file for the green card at this time (due to the bad hiring climate in my area). However they might be willing to let me work remotely from a non-US site (e.g India/canada/UK or some such).

I understand that in order to get a new H1-B one has to be physically outside US for a period of 1 year.

My questions are as follows

1) If I leave for UK today and work from there for 1 year... can my company apply for a NEW H1-B instead of the one I hold currently (Because the current one still has something like a year and a half left on it)? If they can, will the NEW H1-B then have a 6 year life?

2) Can I come visit USA site for small periods ( like a couple of weeks) for work purposes during this 1 year? Say I visited US twice for 2 weeks each. Does this mean that I have to be in UK for 1 year and 1 month now? Or does it mean that I have to be in UK for another year starting from the last time I visited US?

Thanks,
-anoop.
 
My company is unwilling to file for the green card at this time
------ If you want GC best option for you is:
1 search a new company/employer who is ready to file your LC and join them with H1 transfer
2 or search for a company who have approved LC that matches with your education, skills at the date of LC filing file I-140 with labor substitution and also file I-485 EAD AP

For your other concerns going to UK, Canada ,India, Bihar or Jharkhand or Chittsgarh or H1 matter you need to contact good immigration lawyer
 
I think you have to be physically gone from the US for a complete year -- don't make any short trips.

Yes - once you are out of US for a yr, you will get a new H1 with a new 6yr clock.....if you are working for a good company this option might be better than transferring your H1 to some desi consulting company just for the sake for getting a GC ( many of my friends have horror stories - they always exploit you ).
Of course, there are good consulting firms as well -- but the bad ones outnumber the good ones.

Enough of my rant !

Originally posted by cartman976
Hi,
I am currently on an H1-B with over 4 years on it gone. I have less than 2 years left on my H1-B.

My company is unwilling to file for the green card at this time (due to the bad hiring climate in my area). However they might be willing to let me work remotely from a non-US site (e.g India/canada/UK or some such).

I understand that in order to get a new H1-B one has to be physically outside US for a period of 1 year.

My questions are as follows

1) If I leave for UK today and work from there for 1 year... can my company apply for a NEW H1-B instead of the one I hold currently (Because the current one still has something like a year and a half left on it)? If they can, will the NEW H1-B then have a 6 year life?

2) Can I come visit USA site for small periods ( like a couple of weeks) for work purposes during this 1 year? Say I visited US twice for 2 weeks each. Does this mean that I have to be in UK for 1 year and 1 month now? Or does it mean that I have to be in UK for another year starting from the last time I visited US?

Thanks,
-anoop.
Click to expand...
 
Do we have to stay out of the US for a year?

Ginnu and others,

When H1B 6-year period ends, do we have to stay out of US for 1 year or can we switch to F1 for 1 year by going to school in the US and then apply for a new H1B? Many thanks.

yfehgh
 
switching to F-1 without leaving the US does not restart the H-1B maximum. you have to be outside the US for one year in order to be eligible for a brand new 6-year period in H-1B status.

but consider this: going to work for a foreign affiliate of your company may actually help you in the long run with your permanent residence application. depending on what your position abroad would be, you may be eligible to return to the US in L-1 status and proceed with your permanent residence application without having to go through the labor certification process, so do not discount this as a good possibility. this is often used as a strategy tactic for those who are not able to proceed with labor certification due to layoffs in the company and/or industry.
 
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