H1B - going back to india and coming back after a year

[sriparanji]

Hi,

 

I am on 8th year of my H1B - visa stamped on passport till Mar'2015 based on my approved I140 (EB3). Since EB3 deadlines are way out my company is ready to process my case in EB1 in case I stay overseas for a year. I am thinking of going to India for year and coming back before my visa expires (Say by Dec 2014). What I wanted to know is does my H1B get reset to 0 because i stayed out of USA more than 365 days even though I have a valid visa stamped on my passport till Mar'2015 OR can i come back without any issues.

 

Please advice ASAP.

 

Thanks

[pontevecchio]

It does not get reset.

[omshiv]

Your company is intending to abuse the EB1 Category by deliberately sending you out of US for a year. Also remember going out of US for a year does not automatically qualify you for EB1.