Very urget - Please reply

S

soch

Registered Users (C)
I was laid off before 180 days of filing of I485. I joined another company at 95th day using my EAD. Now this new company lawyer is creating problems. She is saying if my Green Card is denied then I will have to leave the country, i.e we are looking at 4-5 months of time frame from now.
If the company sponsors a transfer of H1 for me then also I will have to leave the country by Feb 2003(my 6 years of H1 coming to an end). So company is giving a second thought to my employment.

Here is the question, if someone can reply I will really appreciate it:

If my GC is denied in August/September 2002 and I go to my home country, can this company apply for a new H1 at that time. Will this H1 be treated as new H1 and hence the 6 year clock will start again. In my understanding, because I would not have lived continously in US for 6 years on H1, so the new H1 that is applied will reverse the clock.

Please advise. Or recommend a lawyer.

Thanks
 
1 year stay

My understanding is that you have to stay outside the US for 1 year before you can get a new H1. If on the other hand your GC processing is going on then you can get it done even if you are outside the country. In case it is a EB2 or EB3 and you are no longer with your employer then obviously you can\'t get the GC done using that employer.
A friend of mine had the same situation and he went to China working for the same company, then he could enter the US again with a new H1.
 
Confusion

You can remain for up to six years in the US in H status. Therefore, only time that you are in the US and in H staus counts toward the six year limit. I have successfully reclaimed time that was spent outside the US on vacation and if you are here and working on an EAD it seems obvious that you are not on H status. Therefore, you should be albe to get some time on H-1 status.

For the six year clock to reset though, you will need to spend one year outside the US.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Vacation time reclaimed on H1?

I have heard that INS does not allow vacation time outside the US (say, 3 weeks at a time) to be counted toward reclaiming time for the 6-year limit. How is it possible to do this? Do you send passport stamps showing entries into the US and entries into other countries?
 
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