vipranara Posted August 12, 2013 Report Share Posted August 12, 2013 Hi l need clarification on possibility of re-capturing the stay period on H1 visa. I heard H1 - B clock starts freshly when you stay out side US for more than a year period . Is this not applicable if l had travelled with old petition? or it doesn't matter? During my recent extension , my company failed to claim this and instead claimed only two year term by not mentiong explicitly that l am eligible for stay upto Oct /2016. Here is my details of travel and stay: From Feb / 2007 till Jul/2009 From Oct / 2010 till Jun / 2012 recent extension up to Jul / 2014 . Now my HR is saying, my H1 Max out date is Jul/ 2014, not until Oct / 2016 . Kindly clarify if I am eligible for another two year term or not ? Again to claim this should we initiate a new petiton under CAP ? or the same old petition under NON- CAP holds good? Link to comment
Attorney_11 Posted August 12, 2013 Report Share Posted August 12, 2013 In order to restart the 6 year H1B period an individual must be outside the United States for one full year and then return on a new H1B approved in the new H1B cap. One cannot restart the 6 years of H1B stay by being outside the United States for more than one year and then return on the basis of remainder H1B time. Link to comment
vipranara Posted August 13, 2013 Author Report Share Posted August 13, 2013 Thanks for the quick reply. Now that I am in US and my visa end date is July 2014, is it ok if my company initiates GC process now with less than 365 days in hand? Since I heard from friends that an approved PERM BEFORE the last year of visa end date enables one year extensions after the sixth year and approved I-140 enables 3 year extensions. Is this true? And in my case what can I expect? Thanks in advance. Link to comment
ineedgc555 Posted August 14, 2013 Report Share Posted August 14, 2013 Yes, any employer can start your GC. Current PERM trend is taking around 180 days. Link to comment
vipranara Posted August 15, 2013 Author Report Share Posted August 15, 2013 My case history is as follows: I have a 3 year bachelors degree in maths and 2 year masters degree in maths (both regular and direct) from Indian universities. I have 9 years of work experience in India and thereby was sent to US by the same indian company to work here for a client. And here I have 3 years of experience.total experience is 12 years. I currently earn $70k per year. I hold a Senior software professional designation in the US. My last role was of that of a Team Lead back in india. My visa end date is July 2014. My indian company is going to initiate GC process. My questions are: 1. Am I eligible for EB 2 based on my current salary( i heard from friends that salary between $1,00,000 to $1,50,000 only come under EB2) and work experience? Is there a minimum salary criteria for EB2? 2. With only 9 months in hand, if my PERM gets approved, and then 140 is filed and pending, will I get visa extensions or in other words can I stay in US beyond July 2014 with an approved PERM and pending I 140?? 3. If in case iam not ok for EB 2 and my company does EB3, Is it wise to switch to another employer now? OR in what stage from now on can I switch employer? Please clarify my doubts. I have very short time to decide. Thanks in advance. Link to comment
vipranara Posted August 16, 2013 Author Report Share Posted August 16, 2013 Please reply quickly. I sincerely need help. Link to comment
pontevecchio Posted August 17, 2013 Report Share Posted August 17, 2013 EB Classification depends on your qualifications and the job requirements. You should discuss your situation with a Lawyer. You may need an educational evaluation since 3 year Degrees may not be adequate. Link to comment
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