H1-B after two years gap (H1-F1-H1)

[shalinih1]

Hello Murthy Readers,

I had H1-B for four years during which I was gainfully employed- then left job, converted to full time student on F-1 (2 years) for completing my MS in Computer Science and now looking for full time employment (currently on F-1 OPT). My question is that, will this new H1-B be considered new H1 with fresh 6 years validity (and hence cap subject), or will this be considered an extension of my previous H-1, so I will be eligible for only 2 years but not cap subject

1- New H1-B, 6 years

2- H1-B extension, 2 years

My research is pointing me to option 1 however, company lawyers are saying that my case will be option 2.

I haven't left US since converting to F-1 and last visa stamp is of H1 in my passport. If some one has insights on this,please share.

Thanks,

Shalini.

[JoeF]

I don't know where you have done your research, but you are wrong. The company lawyer is correct.

To get a new 6 years, you would have to be outside the US for one year. Changing status does never reset the H1 clock.

That's all in the law.

You may want to change where you look for your research...

[shalinih1]

Thanks JoeF for responding. There is no H1-B FAQ at USCIS website for prior H1-B holders hence research was done at famous search engine. I checked out Murthy FAQ and that echoes what you and company lawyers are saying. This is actually good news to me as I won't be subject to cap .

Murthy FAQ

Question 10. I was in H1B status and changed to F-1 status. I am now ready to work in H1B status again. Do I get six more years in H1B status?Top

No. The six-year clock in H1B status is not reset unless one leaves the United States for at least one year. As a result, the time previously spent in H1B status will be counted against the six-year H1B limit.

©MurthyDotCom

Individuals who previously held H1B status in the last six years, and subsequently left the U.S. for at least a year, generally have the option of either using the time remaining in H1B status without being subject to the cap or applying for another six years of H1B employment subject to the cap.

[JoeF]

Thanks JoeF for responding. There is no H1-B FAQ at USCIS website for prior H1-B holders hence research was done at famous search engine.

:)

There are unfortunately a lot of sites out there with wrong information, and, like every site, they are of course picked up by the search engines...

Lawyer websites are much more reliable than some random forums or pages from some arbitrary organizations claiming to help with immigration...

I checked out Murthy FAQ and that echoes what you and company lawyers are saying.

My quip was really about avoiding random sites and looking at lawyer sites instead, like the Murthy FAQ.

Even though I always tell people to do their homework by using their favorite search engine, that's not always enough to separate the wheat from the chaff.