H1B -F1- H1B question

[harkuch]

I am in a complex problem. I have used 5 years 10 months of my H1B and then proceeded with MBA in USA ..I am graduating in 2014 and wanted to work in US on new H1B.

1) I know I will have OPT for 1 years but because I have almost used the H1B 6 years , will my future companies be able to file new H1b?

2) Is there any way to avoid the H1B clock. My 5 years 10 months consists of two trips to US with a break of 1 year in between. see dates?

First Trip : June 2005 to Dec 2007

Second Trip : Mar 2009 to 2012 June.

Came back to US again in Aug 2012 on F1 to study.

I am concerned if companies will not give me job offer if they are not able to file h1B and may not invest on me for just 1 year.

Please help and Advise.

Regards,

Harkuch

[shekar11#]

You can use your period of stay outside of USA while filing for H1. So you would be getting a total of 2 months (remaining H1 period) + 14 months (spent outside USA during H1). And also you will not come under cap because you already have a H1.

[JoeF]

To get a new 6 years on H1, you absolutely have to be outside the US for one year.