Immigration Voice

ybinds · #1 (**permalink**) 11-03-2009, 02:16 AM

Hi

I have been on H1 for 4 years in the US and left the country last november voluntarily due to personal reasons. My H1 is still valid till next year september. Now that I have over the "365" days rule... my employer propositioned me to come back and work for them. My question is :

If I apply for H1 after november would USCIS consider this as a fresh 6 year period starting next year?

Second - If I apply for H1 after november will I only have 2yrs since I have not completed the six year period. If so, what is the solution after coming back to make use of the six year period.

I hold an MS from US, so I would imagine that I fall under the Advanced degree Cap of 20,000.

Please post some feed back people.

ybinds · #2 (**permalink**) 11-08-2009, 12:57 AM

Well I have been waiting for a reply, seems like no one has answered my question. Can someone please post some suggestions. urgent

roseball · #3 (**permalink**) 11-08-2009, 08:20 PM

Quote:

Originally Posted by ybinds

Well I have been waiting for a reply, seems like no one has answered my question. Can someone please post some suggestions. urgent

You have 2 options. Either use your old H1 which is still valid (assuming u still have a valid visa stamp) and enter US (carry a latest offer letter from employer). If you use the old H1, then you will only have 2 more years of H1 time left.

You can file for a fresh H1 visa in Master's quota under consular processing and when its approved, attend the Visa interview, get a new H1 stamp, and re-enter using the fresh stamp. This way, you will get fresh 6 yrs time on H1.

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
L1B extension pending, going back	today24	Non-Immigrant Visas	1	11-18-2008 10:50 AM
DL extension while H1 extension is pending	maverick_joe	Non-Immigrant Visas	4	05-12-2008 02:19 PM
Urgent help -- Travel with AP while H4 extension (and spouse's H1 extension) pending	RadGS	Travel out of country and re-entry during/after 485 filing	16	04-05-2008 12:17 PM
When to file h1b extension for 8th year extension	sreenivas11	Retrogression, priority dates and Visa bulletins	0	01-24-2008 12:46 PM
From IV:Are you going back/planning to go back to home country for good?	pappu	IV Agenda and Legislative Updates	34	08-16-2007 11:31 AM

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)