6Years of H1B Cap

[sreereddy]

Hi,

Here is my background before I go to my query:
- I have been working as a Software Engineer in USA since 2008 on H1-B, and excluding my India trip timelines, I still have another 1 year of extension out of 6years of H1 B cap that means my visa is going to expire on Oct 2014.

- Unfortunately my current employer did not filed my green card yet, they just started my Green Card process and right now I am @ Advertisement phase.

Query:
? If I did not get my labor and I140 before my 6years of H1B cap (Oct 2014), then if I am back to India in Nov 2014 then what are the chances to come back to USA to work again without applying again as a fresh H1B applicant?
- I heard from few users stating that, I can come back to USA to work being considering as a existing H1B applicant after staying 1 year in India? of course, if my current my employer is willing to bring back again at that moment.

Thanks in advance!
Regards
-Sree

[Nattybone]

Hi,

Here is my background before I go to my query:
- I have been working as a Software Engineer in USA since 2008 on H1-B, and excluding my India trip timelines, I still have another 1 year of extension out of 6years of H1 B cap that means my visa is going to expire on Oct 2014.

- Unfortunately my current employer did not filed my green card yet, they just started my Green Card process and right now I am @ Advertisement phase.

Query:
? If I did not get my labor and I140 before my 6years of H1B cap (Oct 2014), then if I am back to India in Nov 2014 then what are the chances to come back to USA to work again without applying again as a fresh H1B applicant?
- I heard from few users stating that, I can come back to USA to work being considering as a existing H1B applicant after staying 1 year in India? of course, if my current my employer is willing to bring back again at that moment.

Thanks in advance!
Regards
-Sree

Hello, Sree.

You could come back again on H1B after spending 1 year outside USA. There is this clause of spending 1 year outside USA, after completing 6 years, to be eligible for a fresh H1B. You will have to file a fresh petition and go through the H1B draw and then the interview. Any employer can file this H1B for you - existing or a new one.

Ofcourse, if your Labour gets approved for GC then you can keep filing extension from USA and do not have to worry about going to India.

I hope this helps.

Wishing you luck.

Cheers,

[sreereddy]

Hi Nattybone,

Thanks for your reply.
you mean, I can enter H1B as a existing H1B member right? meaning without applying another fresh H1B to avoid lottery check and other aspects.
Thanks

Regards
-Sridhar

[Nattybone]

Hi Nattybone,

Thanks for your reply.
you mean, I can enter H1B as a existing H1B member right? meaning without applying another fresh H1B to avoid lottery check and other aspects.
Thanks

Regards
-Sridhar

Hello, Sridhar.

I am sorry but my understanding is different from what you would like to hear

After using up an H1B visa fully, one should stay out of USA for one year and file afresh for H1B visa and go through all the checks, caps, interviews. If your I-140 is approved and you are able to successfully secure an extension then that is a different matter.

I hope this answers.

Wishing you luck.

Cheers,