usaaspirant Posted December 11, 2011 Report Share Posted December 11, 2011 Hi , I worked in the US for 5 years in H1B with employer A and then came back to my home country and started working for employer B . Now i am trying to come back to the US through employer B and B is basically going to apply for a cap exempt so that i can get my 1 year back of the old H1B . I left the US almost 2 years ago and has not retured till date . So my question is , if employer B files another fresh H1B in next year under cap while i am in the US and if it gets approved before the 1 year is over with the cap exempt H1B will i be able to contiune working in the US with out coming back and remain outside the US for 1 year . Would really appreciate the answers .Thanks.... Link to comment
JoeF Posted December 11, 2011 Report Share Posted December 11, 2011 It is not retroactive. If you comes to the US now, the time abroad is gone. For a new H1 under the cap, you would have to be abroad again for a year. Link to comment
usaaspirant Posted December 12, 2011 Author Report Share Posted December 12, 2011 Thanks JoeF . Can you please suggest the best route to tackle this issue if i want to continue working in the US uninterrupted . I know ifmy employer files for a GC i still can do this with old H1 , other wise if i have to come now the only bet is L1. I do have a specific skill so i beleive i can qualify for a L1B and then apply for a H1 next year . Your suggestions are highly appreciated .. Link to comment
JoeF Posted December 12, 2011 Report Share Posted December 12, 2011 Thanks JoeF . Can you please suggest the best route to tackle this issue if i want to continue working in the US uninterrupted . I know ifmy employer files for a GC i still can do this with old H1 , other wise if i have to come now the only bet is L1. I do have a specific skill so i beleive i can qualify for a L1B and then apply for a H1 next year . Your suggestions are highly appreciated .. For an L1, you have to have worked for a foreign branch of the employer for at least 1 year in the last 3 years. If you want the full 6 years on H1, you can only get an H1 for start on Oct. 1, 2012. Link to comment
usaaspirant Posted December 12, 2011 Author Report Share Posted December 12, 2011 I have been working for this company for a year now and will try the L1 route. Thanks again Joe for you feedback and really appreciate the time you are spending on this forum to answer countless questions ( free of cost !!!) . Link to comment
usaaspirant Posted December 19, 2011 Author Report Share Posted December 19, 2011 Hi JoeF , Suppose i come after May of next year to US in cap exempt H1 and then start a new H1 under cap and work from Oct next year , i have still not used 6 years of my old H1 . In this event will i be able to continue with thr new H1 . Your inputs will be appreciated . Thanks.. Link to comment
JoeF Posted December 19, 2011 Report Share Posted December 19, 2011 Cap or cap-exempt does not matter. The 6-year limit applies to all H1s. If you come to the US on any visa except B1/B2 for short visits before a year is over, you won't get the full 6 years. You can't even apply for an H1 before being a year abroad. That's all there is to it. There is no workaround. Link to comment
usaaspirant Posted December 20, 2011 Author Report Share Posted December 20, 2011 Got it Joef . Thanks , this makes it very clear . Link to comment
seeking1 Posted November 25, 2012 Report Share Posted November 25, 2012 Hi usaaspirant, I am exactly in the same situation as yours last year. Care sharing any solutions or answers you found? Thanks. Link to comment
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