H1B reuse and reset

[Rajan Sriram]

hello Everyone,

I was in US for five years in H1 from Oct 2005 to Nov 2010. Then I went back to India and have been in India since then. I applied for B1/B2 in Dec 2011 and got multiple entry to USA for 10 years. I have come to US on business visit and one employer wants to hire me. He can wait for two months but not until Oct 1st 2012.

I have read few articles on this forum and also other forums. It seems there is a rule which states that the H1B gets reset because I was away from US for more than 366 days.

Bottomline Can I accept the offer which starts in June 1st so that I can stay in H1B for 6 years?

If the answer is no than I will have to deny the offer.

Please advise.

Regards

Raj

[livliv]

The employer can file a cap-exempt petition using the cap from previous petition requesting immediate start date, however you will only get the remainder time and not fresh 6 years with this option.

[redgreenbluee]

please consult a lawyer.

for you to reset H1 time, your application should also be subject to cap (start date 10/1), if you want to start sooner, you need to file cap-exempt H1 and you will only have the remainder of your previous H1 time.

hello Everyone,

I was in US for five years in H1 from Oct 2005 to Nov 2010. Then I went back to India and have been in India since then. I applied for B1/B2 in Dec 2011 and got multiple entry to USA for 10 years. I have come to US on business visit and one employer wants to hire me. He can wait for two months but not until Oct 1st 2012.

I have read few articles on this forum and also other forums. It seems there is a rule which states that the H1B gets reset because I was away from US for more than 366 days.

Bottomline Can I accept the offer which starts in June 1st so that I can stay in H1B for 6 years?

If the answer is no than I will have to deny the offer.

Please advise.

Regards

Raj