H1B Extention - one year outside USA between 5th ans 6th year

[sahara]

Hello -

 

I came to India in April 2013 and planning to stay here till March 2014 (one Year). My current H1b visa is valid till September 2014 where my 6 years will be completed. I haven't applied for my greedcard.

 

Could you please advise on below?

 

Since I am planning to stay in India for one year, am I eligible for another 6 years?

 

If yes, then will I be subject to yearly quota? i will be planning to come back under same H1B as my H1b is valid till September 2014 with same employer. Is it possible for me to come back under same visa or my company has to reapply for H1B extension?

 

I really appreciate your advise.

 

Thanks, Paresha

[jairichi]

Hello -

 

I came to India in April 2013 and planning to stay here till March 2014 (one Year). My current H1b visa is valid till September 2014 where my 6 years will be completed. I haven't applied for my greedcard.

 

Could you please advise on below?

 

Since I am planning to stay in India for one year, am I eligible for another 6 years?

 

If yes, then will I be subject to yearly quota? i will be planning to come back under same H1B as my H1b is valid till September 2014 with same employer. Is it possible for me to come back under same visa or my company has to reapply for H1B extension?

 

I really appreciate your advise.

 

Thanks, Paresha

If you need fresh 6 years then a cap subject H1B petition has to be filed by April 2014. If a cap exempt H1B petition is filed now or even after a year you will get 6 years - years on H1B status.

[csrkk]

After completion of 6 years on H1B and staying out of US for a complete continued 365 day stay, are we eligible for another 6 year stay in US (through CAP exempt)?

[jairichi]

After completion of 6 years on H1B and staying out of US for a complete continued 365 day stay, are we eligible for another 6 year stay in US (through CAP exempt)?

Yes, you will be eligible for 6 years but it has to be a cap subject petition in that instance.

[csrkk]

Thanks for the confirmation jairichi. Being at US on H1 (completing 6 years by March 2014), can we file fresh H-1B through the CAP?

 

I have completed 5 year 11 months on H-1B and my PERM application still pending. After staying out of US for one complete year, planning to return back on H1-B after march 2014.

In this scenario, after coming to US on this H-1B, Will I be eligible to file a new H-1B through annual CAP?

[sahara]

Hello - My 6 years H1B is going to expire in September 2014. My company hasn't filed green card for me. Currently, I am staying in India starting since mid March 2013 and planning to stay here for one year. I would really appreciate if you can advise me on below. 

 

My company is ready for filing New H1B under fresh quota in April 2014. My Current H1b is going to expire in September 2014. Can I come back to USA in May or June 2014 on old H1b once my new H1b is filled and approved or I have to wait in India until October 1 2014 and come back on new H1B cap?

 

Thank you so much for your advice.