Need to help Urgent

[H1BSeeker123]

Hello Experts,

 

My H1B visa period started in April 2007. I spent 1 year in India from June 2010 to June 2011. But, I already claimed that period in my recent extension(Extension valid until May 2013 and my labor is also pending more than 365 days). I heard that if any body spend 1 year outside USA in any given 6 years h1b visa period then they can start new 6 years visa again on existing visa(Without depending on labor). But, I don't know how far it is true. Please do let me know.

 

Thanks,

H1BSeeker

[jairichi]

Hello Experts,

 

My H1B visa period started in April 2007. I spent 1 year in India from June 2010 to June 2011. But, I already claimed that period in my recent extension(Extension valid until May 2013 and my labor is also pending more than 365 days). I heard that if any body spend 1 year outside USA in any given 6 years h1b visa period then they can start new 6 years visa again on existing visa(Without depending on labor). But, I don't know how far it is true. Please do let me know.

 

Thanks,

H1BSeeker

If you entered US after your 1 year stay in India based on a new cap subject H1B petition then you would get 6 years. But, in your case it looks like you entered with the same petition that was approved in 2007 and so the answer is NO.

[H1BSeeker123]

Thanks for your reply.  I have understood  H1B rules the same way you said.But, My attorney is saying it is possible. Is there any other special conditions under H1B program to claim another 6 years in my case? I am not sure on what basis  it is possible. if anybody has answer please do let me know.  thanks in advance.

[jairichi]

Thanks for your reply.  I have understood  H1B rules the same way you said.But, My attorney is saying it is possible. Is there any other special conditions under H1B program to claim another 6 years in my case? I am not sure on what basis  it is possible. if anybody has answer please do let me know.  thanks in advance.

You can ask for extension based on PERM pending for 365 days or approved I140. You can talk to an independent attorney to get a second opinion. 

[H1BSeeker123]

Thanks for your quick reply. I am also thinking to take second opinion with other attorney. Before that I just wanted to check here if anyone was in same boat. Anyway, thanks again.