Tricky scenario - premature H1B renewal.

[vinod_k_iyer]

I have 3 years of H1B left from my original 6-year period. However, I will be working from our India office for 1-2 years. I am trying to figure out how I can use this expat-like option to have my H1B visa renewed to a fresh 6-year validity once I return to US. I am willing to go through the H1B cap if needed. Please note, my H1B has technically not expired throughout my stay in India since the H1B clock is supposed to freeze when you are outside US.

My questions are:

- Can we get a fresh 6-year H1B validity using the 1-year-outside-US trick even say 2-3 years before the H1B actually expires?
- The law seems to say that if I have been counted against the H1B cap in the past 6 years, I can't be counted against it again if I refile for an H1B. Does this mean that if I stay outside US for 1+ years in my 3rd year of H1B, then when I refile for a renewal, I get a 6-year fresh H1B validity AND I don't have to go through a cap? OR, will I just get an H1B extension for the remainder of my original 6-year period without any fresh 6-year validity?

Basically, how I can make the most outof my ability to be on an US payroll, on H1B, while actually working outside US from an India office for 1+ years.

Any authoritative info/comments on this would be great!

Thanks,
Vinod.

 

[GotPR?]

- The law seems to say that if I have been counted against the H1B cap in the past 6 years, I can't be counted against it again if I refile for an H1B. Does this mean that if I stay outside US for 1+ years in my 3rd year of H1B, then when I refile for a renewal, I get a 6-year fresh H1B validity AND I don't have to go through a cap? OR, will I just get an H1B extension for the remainder of my original 6-year period without any fresh 6-year validity?.

Which law says one can not counted against quota if s/he had H1 last 6 years ?
As far as I know there is no "can not" word in the law.

Read Question 5 of I-129 Part C Numerical Limitation Exemption Information.If you answer NO, I believe you'll come under quota.

http://www.uscis.gov/files/form/I-129.pdf

 

[vinod_k_iyer]

Excellent, seems like that pretty much answers my question about premature-H1B renewal. It seems, the simple rule is to stay out 1 year (no matter how recently or long ago I filed my H1B last).

Thanks GotPR?!

Vinod.