H1B time reset

[l1b_cos_h1b]

I am presently in my 5th year of H1B. I joined my employer one year ago and they said they will file my GC after one year but now they are saying they cannot do it.

 

My H1B expires on 30-Apr-2017. I don't feel comfortable joining the (desi) consulting company and have been looking for FTE position. So far the search has been unsuccessful.

 

My current employer has a postion in Canada which I can apply and go (if I want to).

 

I had a question regarding the H1B max time. If I chose to go to Canada for one year and come back to US to the same employer.

 

1. Will I get another 6 years - as I am out of US for one year?

2. If I join a new employer, how much time it will take for them to file the PERM application?

3. Do you think I have enough time to start the process and still continue to be US beyong 6 years (after April 2017).

 

Thanks for your response.

 

[jairichi]

1. Yes, only if your employer files a cap subject H1B petition after a year of being outside US.

2. An employer can file anytime (even if you have not joined them).

3. It is a close call but can give a try.

[JoeF]

For the time to reset, you have to be outside the US for at least a year, and THEN an employer would have to file a new H1 in the quota.