Typical Query on H1B 6 year reset - Urgent

M

mvijaypal

Registered Users (C)
Pls bear my complete story and let me know your valuble suggestions ?

I was in US from June 2001 to April 2005 on L1A visa for 4 yrs. I left US on April 30, 05 and applied for H1B visa (1st time). I got H1B valid till Jun 2007, it has been counted my 4 yrs L1A stay in issuing H1B.

I still didn't work yet on H1B, but now I plan to fly US (i.e. around in May, 06.
) after 366 days break using my existing H1B.

1. If I reach US on H1B after 366 days break, i.e. some time in May 06, DO I elgible for "H1B 6th yr clock reset" when I file for extension/ "new H1B" ?

2. As per the forum discussions, I should file a new H1B for 6th yr clock reset (Not extension)! Would I need to file new H1B in FY 2007 cab (Some time in May 06, after I reach US), my current H1 expires by Jun 16, 2007. Here I like to utilize my 1 yr break to reset the 6th yr clock ?

Pls suggest, do I need to file for "new H1B" / "extension", if it is new H1B ..when should I file it, is this new H1B will be subjected to CAP ? In this scenario, my 1 yr break will consider for reset of H1b?

Thank you
Vijay
 
mvijaypal said:
Pls bear my complete story and let me know your valuble suggestions ?

I was in US from June 2001 to April 2005 on L1A visa for 4 yrs. I left US on April 30, 05 and applied for H1B visa (1st time). I got H1B valid till Jun 2007, it has been counted my 4 yrs L1A stay in issuing H1B.

I still didn't work yet on H1B, but now I plan to fly US (i.e. around in May, 06.
) after 366 days break using my existing H1B.

To restart the 6 year clock you should not enter with your current H1 (valid up to Jun 2007).

You should get a new H1 under Yr 2007 quota to qualify. Before that do not enter with your old h1
1. If I reach US on H1B after 366 days break, i.e. some time in May 06, DO I elgible for "H1B 6th yr clock reset" when I file for extension/ "new H1B" ?

2. As per the forum discussions, I should file a new H1B for 6th yr clock reset (Not extension)! Would I need to file new H1B in FY 2007 cab (Some time in May 06, after I reach US), my current H1 expires by Jun 16, 2007. Here I like to utilize my 1 yr break to reset the 6th yr clock ?

Pls suggest, do I need to file for "new H1B" / "extension", if it is new H1B ..when should I file it, is this new H1B will be subjected to CAP ? In this scenario, my 1 yr break will consider for reset of H1b?

Thank you
Vijay
Click to expand...
 
Hi,

Thank you for the response...I quite confuse due to different types of responses got from various forums. Pls share all your ideas on my original request..thank you

Here is the one :
http://forum.path2usa.com/forum/showthread.php?t=10536&page=1&pp=10
http://forum.path2usa.com/forum/showthread.php?t=10536&page=2&pp=10

Note that any h1b petition whether for extension or new term can only be filed a maximum of 6 months prior to work start date if work start date is oct 06- the petition can be filed in april 06 in ur case the work start date will be jun 2007 so the petition can be filed 6 mths before jun 2007 - and at the time of filing petition u can take benefit of the 1 year break - However it is seen that the current cap subject numbers get exhausted even before the first day for FY 2007 - Please consult an immig attorney and plan accordingly.
Here is the second one:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=9501095311

The same H1 will good. You can come on the same old H1. Assume that you already had one year gap stay in India. Your current H1 is valid till 2007 June so next time when you extend or apply for H1 extension then, during that time you one year clock reset will be considered. I am 100% confident on this. I have seen similar cases in TCS and with my friends. YOU DON'T HAVE TO GET NEW H1.
 
Last edited by a moderator:
great_guru forum member is correct. In order for you to get full 6 years 1)Your h1-b visa start date should be after one year your departing date from US. 2)you shouldn't travel to US before 1 year.

Recently, we have gotten h1-b approval for 3 years for the guy who was in US for 4.5 years on L visa. He left US somewhere in Jan-05. We applied for his h1-b in August with START DATE of Jan-27-06 (After one year of his departure date). His clock is reset and eligible for FULL 6 years H1.
 
Hi dyingforgc,

Great Guru mentioned in his reply as "To restart the 6 year clock you should not enter with your current H1 (valid up to Jun 2007). ", but it appears to be incorrect especially in my case.

What happens, If I file for new H1 under Yr 2007 quota (During April 06) to qualify, and Enter US after 1 yr break (i.e on May 1st, 06) using the existing H1 visa (valid up to Jun 2007) !

As per I129, it says, if any one have a one yr break, would valid to reset the 6th yr clock !

The other option is to have, I still have "17 months plus valid Visa", will it be a better to get in to US immediately and request my employer to file for PERM on immediate basis?

I thought If I'd continue to be in Indial till end of April 06, I will have another 6 yrs H1

pls let me know your inputs and suggest me the best of the above options. I would really appreciate all your suggestions.

Thank you
 
Last edited by a moderator:
mvijaypal said:
Hi dyingforgc,

Great Guru mentioned in his reply as "To restart the 6 year clock you should not enter with your current H1 (valid up to Jun 2007). ", but it appears to be incorrect especially in my case.

What happens, If I file for new H1 under Yr 2007 quota (During April 06) to qualify, and Enter US after 1 yr break (i.e on May 1st, 06) using the existing H1 visa (valid up to Jun 2007) !

As per I129, it says, if any one have a one yr break, would valid to reset the 6th yr clock !

The other option is to have, I still have "17 months plus valid Visa", will it be a better to get in to US immediately and request my employer to file for PERM on immediate basis?

I thought If I'd continue to be in Indial till end of April 06, I will have another 6 yrs H1

pls let me know your inputs and suggest me the best of the above options. I would really appreciate all your suggestions.

Thank you
Click to expand...

In order for you to qualify for FULL 6 years of h1-b; your visa start date can't be before April-06 (as you left US in April-05). Also, you can't travel before April'06. If you travel with your current visa (valid until Jun'07) (which wasn't applied with start date of Aprl'06 or later), you wouldn't be able to reset clock for 6 full years.

If you think, your employer can file for PERM immediately and you are 17 months away of your 6th year H1 completion, I would definitely go for it.
 
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