Urgent - Someone Plese Reply

Simmi07

Registered Users (C)
Hello Everyone,

I'll really appreciate if someone can answer some of my questions regarding H-1B.

My husband was on H-1B since March 2003 and after the first 3-year period he got H-1B extension for another 3 year which was valid until March 2009. However, in December 2006, he quit his job to go back to a school in France to get an MBA. He'll be there for one year till December 2007. I'm currently on H-1B here in US. My questions are:

1. Does his previous company need to revoke his H-1B petition? How will INS know that he was outside US for one year if we don't inform INS. We don't want that any period he's out of US is counted against his 6 year limit of H-1B.


2. If after December 2007, he gets a job in US in a new company, can he transfer his H-1B from previous company, will that H-1B still hold so that he doesn't have to wait till October to get whole 6 year period again. There will be a difference in his job profile, in his previous company he was a software engineer and after finishing an MBA his job profile will be more management type or finance related.

2. If he wants to have a full 6-year period again, then I assume that he'll be able to join a job here after October 2008, in that case will he counted towards the H-1B quota although he had H-1B before?

3. If he wants to come here to US for internship for 2 months, what visa will he come under?

4. If he comes to US as exchange student for 2 months, what visa will he come under? If it's J visa, any implications of J visa.

5. Can a person on H-1B take a leave of absence (no salary) for couple of months without affecting H-1B and green card?

6. What is the cutoff date to apply for H-1B under the 20,000 quota for people with higher education from US and also does the job need to be related to the education you got in US?

All my questions are geared towards the direction as to whether it's possible at all for my husband to come back to U.S. in January 2008 right after graduating in December or not. I'll really appreciate your response to my questions.

Thanks
 
Just my opinion

Simmi07 said:
Hello Everyone,

1. Does his previous company need to revoke his H-1B petition? How will INS know that he was outside US for one year if we don't inform INS. We don't want that any period he's out of US is counted against his 6 year limit of H-1B.

When he left USA he surrended I-94 form - so, INS will know...

2. If after December 2007, he gets a job in US in a new company, can he transfer his H-1B from previous company, will that H-1B still hold so that he doesn't have to wait till October to get whole 6 year period again.

I think he lost H-1 when he quit his job. How can you transfer something which you do not have anymore?

2. If he wants to have a full 6-year period again, then I assume that he'll be able to join a job here after October 2008, in that case will he counted towards the H-1B quota although he had H-1B before?

Not sure. I think it will depend on his new job - some jobs are not counted againts quota... maybe he can use the rest of his 1st 6-year period

4. If he comes to US as exchange student for 2 months, what visa will he come under? If it's J visa, any implications of J visa.

Some J require the person come back and stay in the home country for at least 2 years...depends on the type of J he would get

5. Can a person on H-1B take a leave of absence (no salary) for couple of months without affecting H-1B and green card?

Yes, but clearly without quitting a job, but with a letter explaining this leave (such as family reasons) and date when coming back to work. My spouse did it for 2 or 3 months.
 
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