Santosh321 Posted January 22, 2013 Report Posted January 22, 2013 Hi, I am Santosh. I have done my masters in the US and worked on a H1-B visa until May 2011. However, due to some reasons, I returned back to India in 2011 while having almost 8 months still remaining (until Jan 2012) on my second term of the H1-B. Now I have a job offer from the same employer who wants me to start work as soon as possible. I have already completed my gap of 1 year. Please advise, should I use use my remaining H1-B visa or Should I wait and file it on April 1st? Would I be subjected to the 2014 Cap? How would I be able to get a six year extension? Would I be able to file my Green card, if I go back with my old H1-B. How do I get an approval for the same as my stamp is already expired? Thank you. Santosh
pontevecchio Posted January 22, 2013 Report Posted January 22, 2013 Using the remainder option makes no sense. Tell them you need them to file a Cap subject H1 in April to start from October.
t75 Posted January 22, 2013 Report Posted January 22, 2013 You only get another 6 years if you go through quota. Go to work under the old quota gets you only 8 months of time. There is not likely enough time for a GC. In spite of what you have heard, there are many unemployed USCs who might qualify for your job and PERM would not go forward,
Santosh321 Posted January 25, 2013 Author Report Posted January 25, 2013 Thank you very much for the replies. I am also planning tohave an option of re-entering on a student's Visa. Hope it goes well. Please suggest if that is easily possible. I am worried about the visa interview in Mumbai, as they would know that I am coming on a student visa after finishing my first H1. Thanks.
JoeF Posted January 25, 2013 Report Posted January 25, 2013 A student visa is for studying. If you want to work, you need to use an H1 visa.
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