New Second-Term 6-Year H1B

[Nava07]

Hello All,

 

I started my H1B on Oct 2007

I have been out of the country on vacation for 7 months during 2007-2013

Technically my H1B was to expire on Sep 2013

But due to the 7 month out of country my H1B is potentially extendable until Apr 2014

 

However, I am planning on leaving end of Nov 2013 and apply for a new H1B in Apr 2014 with starting date of May 2014.

 

The immigration law states that an applicant needs to spend 1 Year outside the country to be able to be eligible for a new second-term H1B.

 

I have already spent 7 months out of the country and will be outside the country from Dec-Apr (5 Months), totaling it to 12 months outside the country.

 

Could one of the experts confirm that indeed I would be eligible for a new Second-Term H1B starting May 2014 as I would have spent 7+5=12 months outside the country?

 

I have scheduled an immigration attorney appointment in a week, but wanted some feedback so I prepare meanwhile.

 

Appreciate your inputs!

 

Thanks

[jairichi]

The only thing you could do is recapture the 5 months for your current H1B status. But, I do not think you could file for another H1B petition with out continuously being out of US for 365 days. If what you state is true then every H1B employee would go on unpaid  vacation for 2 months each year for 6 years and get to apply for another 6 years of H1B immediately.

[jjg]

I have been working in US for more than 5.4 years and had 8 months to reach 6 six year.Came to my home country and went for H1b visa stamping.Got 221g background verification and is pending for more than 8 months.Meanwhile my employer cancelled by H1B and I applied for H4 which got approved.

1.)Should I travel back to US on H4 and look for new job/employer to work for remaning 8 months and meanwhile ask my new employer to start GC process.If everything goes fine can extend by H1 based on i-140 approval.

2.)Or wait for 4 more months to have 1 year break and then come back to US look for new job/employer.

Which of the  above option is good.

[JoeF]

For a new 6-year period, you would have to stay outside the US for at least a year, and THEN, an employer could file a new H1 under the quota.

It would have to be a new H1, not an extension of the existing one.