Can you obtain back to back H1-B visa

[uskiwi]

My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.

[rahul2699]

Originally Posted by uskiwi

My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.

Yes if you live out of US for at least a year after the full H-1B term, you can apply for a new H-1B. If i were you, i'll keep the labor process going while applying for a new H-1 because GC is for future employment and if anything you can retain the priority date...

[uskiwi]

Can you then apply for the new H1B durng the 12 month stand down period or you have to wiat the 12 months before applying for one?

[rahul2699]

you need to spend 12 months outside of US to apply -- My understanding is that you have to wait 12 months before applying.

[uskiwi]

Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.

[rahul2699]

Originally Posted by uskiwi

Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.

it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification

[sk.aggarwal]

I think you can apply for H1 before 12 months but requested start date in LCA should be 12 months from the day you last left US

[shar533]

Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .

[sk.aggarwal]

This is because, you dont need to file two I-129s. Don't worry, USCIS hope fully will give you one year+ 4 days extension... provided you have client letter for such.

BTW, last year, I specifically asked my attorney, if we need to file two h1s - one for recapture and another one for 7th year extension. And she told me only one is enough...

[shar533]

Mr Aggarwal
Thanks a lot for clarification. So that means I dont have to worry about anything and if USCIS approve my case that shall be for 1 year and 4 days.
Sharma

[sk.aggarwal]

Yes, but if I were you, I would definately check with my attorney.

[LondonTown]

Only one application is needed.

I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.

Your LCA's and I-129s end date should be the date after one year plus days to recapture.

Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.

Originally Posted by shar533

Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .

[rahul2699]

Originally Posted by qiuyinffy

Thanks a lot I learned a lot here.

if you've benefited from the forum, please think about participating IV efforts. This campaign is working hard towards bringing relief to the EB community so that we don't have to go through H-1B extension/transfer hassles.