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h1b expiring -- change employers from outside US

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  • h1b expiring -- change employers from outside US

    Hello;

    My six-year H1B expires Feb 2 2010.
    My employer (company A) filed PERM with DOL on July 30 2009.
    I have spent a total of 2 months outside the U.S while on H1B status.
    I have been on bench since July without paystub.
    I am leaving the U.S on October 30 2009 and am interested in returning back
    through another company

    Can I return to the U.S through another employer (company B) on a new H1B visa after Feb 2 2010... How long would that visa be valid for.

    If I cannot get a new visa; can I add the total of 5 months spent outside
    the US on the current h1b visa for recapture through another employer (company B) after Feb 2 2010 -- return to the U.S; and then
    subsequently apply for a 1-year extension after July 31 2010
    based on company A's PERM filing.

    thanks
    rcluse

  • #2
    Hello;

    My six-year H1B expires Feb 2 2010.
    My employer (company A) filed PERM with DOL on July 30 2009.
    I have spent a total of 2 months outside the U.S while on H1B status.
    I have been on bench since July without paystub.
    I am leaving the U.S on October 30 2009 and am interested in returning back
    through another company

    Can I return to the U.S through another employer (company B) on a new H1B visa after Feb 2 2010... How long would that visa be valid for.

    If I cannot get a new visa; can I add the total of 5 months spent outside
    the US on the current h1b visa for recapture through another employer (company B) after Feb 2 2010 -- return to the U.S; and then
    subsequently apply for a 1-year extension after July 31 2010
    based on company A's PERM filing.

    thanks
    rcluse

    Comment


    • #3
      I know you can claim for the 2 months when you are outside of US. If you are not out side of US when you are on bench, that cannot be counted as you are present in the US. [If there is no pay then what is your status?].

      I think you can renew your H1 showing that there is a PERM filed while you are in US. H1 can be renewed on a yearly basis till you get your I-140 approved and can be on 3 year basis after that.

      Please do consult an attorney and act according to their advice.

      Thanks

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Retro-affect:
        ...

        I think you can renew your H1 showing that there is a PERM filed while you are in US. H1 can be renewed on a yearly basis till you get your I-140 approved and can be on 3 year basis after that.

        Please do consult an attorney and act according to their advice.

        Thanks </div></BLOCKQUOTE>

        Yes, true, but the yearly or 3-year renewal increment is allowed only if the LC/PERM was filed 365 days away from the last day of the 6th year H-1B limit pursuant to AC21. Otherwise, no more extension is allowed by the regulations during this period especially in the instant case that the time spent outside of the US to be recaptured is so short.

        (Just an opinion - take it or leave it).

        Comment



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