I am currently on H1 visa which is expiring at the end of Sept 2011. I came to the US in Oct 2005 and I am in the 6th year of my H1. I don't have my I-140 filed. My labor was filed about a year ago but was rejected. At this point I don't have an option to extend the H1 beyond 6 years. So I am planning to stay out of the country (not in my home country) for a year so the H1 clock is reset. I will be leaving sometime in August 2011 (about a month before my H1 expires)
I have following 2 questions
1. My employer is willing to file for fresh H1 in the 2012 quota with a start date of Oct 2012. At that time will I be eligible for a fresh 6 years?
2. I have plans to go for higher studies. I intend join a US university in Fall 2012 (classes usually start end of August 2012 or beginning of Sept 2012). By the time I return to the US on F1 I would have stayed outside US for 365 days or more.
If things go as planned after completion of my studies will I be eligible for a fresh 6 years of H1?
I have following 2 questions
1. My employer is willing to file for fresh H1 in the 2012 quota with a start date of Oct 2012. At that time will I be eligible for a fresh 6 years?
2. I have plans to go for higher studies. I intend join a US university in Fall 2012 (classes usually start end of August 2012 or beginning of Sept 2012). By the time I return to the US on F1 I would have stayed outside US for 365 days or more.
If things go as planned after completion of my studies will I be eligible for a fresh 6 years of H1?
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