Please Help for my H1B case

n_c

New Member
The important dates for the case is as below:

OCT'03 - Got my fresh H1B Petition.
Jan'04 - Came to USA .
Nov'06 - Got my H1 extended
Oct'09 - Expiry Date on current petition and on Stamped Visa.

All through out, I am still with the same employer.

Now based on the above information, I have few questions as below:
(1) If I transfer my H1 now with other employer, will I get the transfered Visa till Oct'09 or it will also include my remaining days for 6 years. So in this case as I came to US in Jan'04 and went about 2 months on vacation in middle, will I get it extended till March 2010 ?

(2) Suppose the answer to the 1st question is March 2010 then if I go back to India now after the transfer, can I file for a new H1 application through lottery system from another employer next year(2009)?

(3) If the answer to 2nd question is YES, then suppose I get my new H1 application through lottery system and I come back to US after spending one year in India , will I get my 6 years reset so that I can stay in US for 6 more years on new H1B without having to go through GC process.


The reason I am asking the above question is that I am trying to stay in US for 4-5 more years without going through the GC processing.
 
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Now based on the above information, I have few questions as below:
(1) If I transfer my H1 now with other employer, will I get the transfered Visa till Oct'09 or it will also include my remaining days for 6 years.
Whichever your employer asks for in the petition.

(2) Suppose the answer to the 1st question is March 2010 then if I go back to India now after the transfer, can I file for a new H1 application through lottery system from another employer next year(2009)?

Rule is not clearly written. Even thought it is possible to apply through quota, you have to remember that you can apply H1 only 6 month before starting date.
So, assuming you left the US on Oct 15 08 and you come back to the US Oct 15 09 as start date.(again ASSUMING you can apply through quota). The earliest you can file H1 petition is, in that case, April 15 09.. which probably you'll miss H1 for the quota shortage.
 
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