What are my options for H1B 2008 ?

R

rockymalvia

Registered Users (C)
I completed 4 years in USA in 2007 and then I went back to India to reset my USA stay counter so that I could apply for H1 visa in 2008, thinking that I would get full 6 years of H1B.
I came back to India on 28th July 2007 and will complete 1 year on 28th July 2008 .
But the lawyer of the company that is supposed to file my H1B in 2008 is saying the following.
I wanted to cross check with you , whether the following is true and if it is then what is your suggestion ?
Is it really correct that though I will complete a years stay in India
on 28th July 2008 , I will still get only 2 years of H1B visa incase I apply this year.

Please let me know.

Lawyer says :

1) "Candidate was in USA previously on L1 status."

2) "Even though his consolidated period is coming to 4 years he still falls under the new H1 quota system and he has two option to choose from",

a) "He can opt for 2 years (6-4 yrs) as the remaining period on H1 but once he completes the 2 years on H1 he has to go out of the country for 1 year minimum and reapply for H1".

b) "Stay in India as of now and apply for the next year H1 quota and get the benefit of 6 yrs in full."

If you go with Option 2a we will apply for your Green Card immediately and if in the mean time (2 year period) you clear your labor & I-140 and I-485 is in pending status, then you are eligible for H1 extension year by year.
 
I guess your lawyer is right. Quota does not apply in 2a though.
 
Last edited by a moderator:
Actually I forgot to give the information that my previous stay in USA for 4 years was on L1 and not on H1B.
Does the above still hold in that case.?
i.e In case I opt for 2.a am I exempt from Quota.

Please let me know.
 
First please read this memo. It appears that if you spent time on L-1 and still have some time left, and departed US, then you have to return using the same visa. Otherwise, for a H-1B visa in either case (2A or 2b as above) your application is subjected to quota.
 
rockymalvia said:
Actually I forgot to give the information that my previous stay in USA for 4 years was on L1 and not on H1B.
Does the above still hold in that case.?
i.e In case I opt for 2.a am I exempt from Quota.

Please let me know.
Click to expand...

I misunderstood your situation. You are subject to quota regardless of 2a and 2b.
 
I have similar question on H1-B.. Here it is (I have posted it on a seperate thread prior to looking at this thread).
I first came to US on H1B visa through company A in Aug 1997 after almost 5 years working for company A I resigned and moved to Canada and stayed their for 4 years during which I obtained Canadian citizenship and in July of 2006 I came back to the USA to work for Company B on a TN visa, I have been working on TN visa for almost two years. Company B is applying for a new H1B this April (2008) but I'm not sure if I can get one due to quota. Now, my question is that If I can recapture the remaining time (about 1 year) on my previous H1-B incase I need to (company B is interested in sponsoring GC but TN is not for dual intent, once GC is filed I will not able to extend my TN, so I wanted to make use of any time left on my previous H1B to satisfy any time consuming GC requirements - I-140,485, etc and then use H1B extension yearly). I was told that the remaining time on my H1B can only be used if I'm still working for company A. Is that true? Can I use the remaining H1B time for any company?
Thanks for any inputs/comments/advises/suggestions.
 
abeers said:
I have similar question on H1-B.. Here it is (I have posted it on a seperate thread prior to looking at this thread).
I first came to US on H1B visa through company A in Aug 1997 after almost 5 years working for company A I resigned and moved to Canada and stayed their for 4 years during which I obtained Canadian citizenship and in July of 2006 I came back to the USA to work for Company B on a TN visa, I have been working on TN visa for almost two years. Company B is applying for a new H1B this April (2008) but I'm not sure if I can get one due to quota. Now, my question is that If I can recapture the remaining time (about 1 year) on my previous H1-B incase I need to (company B is interested in sponsoring GC but TN is not for dual intent, once GC is filed I will not able to extend my TN, so I wanted to make use of any time left on my previous H1B to satisfy any time consuming GC requirements - I-140,485, etc and then use H1B extension yearly). I was told that the remaining time on my H1B can only be used if I'm still working for company A. Is that true? Can I use the remaining H1B time for any company?
Thanks for any inputs/comments/advises/suggestions.
Click to expand...
not true.
6 years is 6 years no matter which company you are currently working at, however, you should talk to lawyers whether you can get H1 w/o quota as your last H1 was 6 years ago which, if interpret exactly what law says, MAY make you not qualified. You need lawyer's advice.
 
H1B visa that one gets is anyways effective from 1st October 2008.

So my basic question is that -- Is the 1st April application date causing my problems though I will be completing 1 year on 28th July 2008 ?
i.e On 1st April which is the application date, I would not have completed a year outside USA and hence I will not get the full 6 years term.

Is this why my counter of USA stay in not being reset ?

Please let me know.

Regards
 
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