H 1b Leave without Pay Reset/ Recapture

[empy]

I am on a 3-year H-1B visa, expiring in September 2014. I worked for 7 months, then had to return to my home country for personal reasons. My employer granted me Leave without Pay for however long I needed. I have been outside the USA for more than 2 years in a row. 

1. Can I re-enter the country now (4 months before visa expires)?

2. Will the clock reset automatically on the validity of the visa right now?

 

3. Do I need to apply for resetting the clock?

 

4. If my employer refuses to extend my visa as I'm no longer working, can I independently apply to reset the clock?

 

5. Is recapturing time a different process and does it apply to my case?

 

[jairichi]

 

I am on a 3-year H-1B visa, expiring in September 2014. I worked for 7 months, then had to return to my home country for personal reasons. My employer granted me Leave without Pay for however long I needed. I have been outside the USA for more than 2 years in a row. 

1. Can I re-enter the country now (4 months before visa expires)?

2. Will the clock reset automatically on the validity of the visa right now?

 

3. Do I need to apply for resetting the clock?

 

4. If my employer refuses to extend my visa as I'm no longer working, can I independently apply to reset the clock?

 

5. Is recapturing time a different process and does it apply to my case?

 

1. Yes, provided you have a job and employer has not revoked your H1B petition.

2. You still have 5 years and 5 months of unused H1B.

3. Check with employer and ask employer to file a cap exempt H1B petition.

4. New employer has to file a cap exempt H1B petition and you still have 5 years 5 months on H1B.

5. Refer 4.

[rahul412]

 

I am on a 3-year H-1B visa, expiring in September 2014. I worked for 7 months, then had to return to my home country for personal reasons. My employer granted me Leave without Pay for however long I needed. I have been outside the USA for more than 2 years in a row. 

1. Can I re-enter the country now (4 months before visa expires)?

2. Will the clock reset automatically on the validity of the visa right now?

 

3. Do I need to apply for resetting the clock?

 

4. If my employer refuses to extend my visa as I'm no longer working, can I independently apply to reset the clock?

 

5. Is recapturing time a different process and does it apply to my case?

 

Once you are out of US, you are no longer on H1. So that's not treated as 'leave without pay'. Moreover their is nothing called leave without pay.

 

1. Yes

3. That will be during your ext filing.

4. No that's not possible. You need an EMPLOYER to do

[JoeF]

If you use the same H1, the time doesn't reset. You can recapture the time abroad.

You would need a letter from the employer that the job still exists and is open for you.