H1B Visa after 6 year limit

[svar77]

Hi All

Please sugesstions and advice on the situtaion below which is related to application of a new H1B Visa after the 6 year limit, will be much appreciated.

Situation
- Came to US in 2000 and completed Masters in 2003
- Started on H1B in Oct 2004, and with the recaptured time I can work on H1B until Dec 2010 before I complete my 6 years limit
- I currently work for one of teh top 5 IT consulting firms but unfortunately they do not process GC, but have agreed for me to work in Canada for a year after my H1B expires.

My plan
- Since my spouse is also on H1B, I am planning to convert to H4 starting Dec 2010 and work in Canada on a temporary Visa for a year and then re-apply for a new H1-B in 2011. Since I will be consulting (travel) I am planning to travel weekly, between US and Canada for a year, while on H4 in US and temporary work visa in Canada.

I have 3 Questions.
1. The rule for 6 year renewal states that the alien must be outside the country for a year before re-applying for a new 6 year H1B term, does this mean I cannot travel back and forth b/w Canada and US if I am planning on coming back to US on a new H1B after 1 year ?

2. My one year term post H1B visa expiration will only complete in Dec 2011. Given this, can I still request my US office to reapply for a new H1B for the 2012 quota which would start on April 1 2011 ?
Also, would it help if I stop working before Oct 1 2010, in order to be granted a H1-Bvisa for Oct 2011

3. My spouse has applied for her GC last year in 2009 and the I-140 has been approved and she is waiting for a priority date to file for I-485. I understand that I would be eligible for work authorization only after her 485 is filed, but just wanted to clarify if this would be of any help in my case to be able to work after the 6 year limit ?


Thanks
Svar

[Subramanya]

Please sugesstions and advice on the situtaion below which is related to application of a new H1B Visa after the 6 year limit, will be much appreciated.

Situation
- Came to US in 2000 and completed Masters in 2003
- Started on H1B in Oct 2004, and with the recaptured time I can work on H1B until Dec 2010 before I complete my 6 years limit
- I currently work for one of teh top 5 IT consulting firms but unfortunately they do not process GC, but have agreed for me to work in Canada for a year after my H1B expires.

My plan
- Since my spouse is also on H1B, I am planning to convert to H4 starting Dec 2010 and work in Canada on a temporary Visa for a year and then re-apply for a new H1-B in 2011. Since I will be consulting (travel) I am planning to travel weekly, between US and Canada for a year, while on H4 in US and temporary work visa in Canada.

I have 3 Questions.
1. The rule for 6 year renewal states that the alien must be outside the country for a year before re-applying for a new 6 year H1B term, does this mean I cannot travel back and forth b/w Canada and US if I am planning on coming back to US on a new H1B after 1 year ?

---- Yes I believe you can do this. To be absolutely sure confirm the same with an immigration attorney


2. My one year term post H1B visa expiration will only complete in Dec 2011. Given this, can I still request my US office to reapply for a new H1B for the 2012 quota which would start on April 1 2011 ?
Also, would it help if I stop working before Oct 1 2010, in order to be granted a H1-Bvisa for Oct 2011

---- If your 1 year term is completed in Dec. 2011, you cannot apply for a H1 in April 2011. It has to be either in April 2012 for the fiscal year 2013 starting Oct. 2012. Alternately, if H1 for the fiscal year 2012 (starting Oct. 2011) is not closed by Dec. 2011 you can apply for H1 at that time. However, the start date may not be Oct. 2011, it may be Jan/Feb 2012 depending on when the H1 approval takes place

3. My spouse has applied for her GC last year in 2009 and the I-140 has been approved and she is waiting for a priority date to file for I-485. I understand that I would be eligible for work authorization only after her 485 is filed, but just wanted to clarify if this would be of any help in my case to be able to work after the 6 year limit ?

---- You would be eligible for work authorization only if your name is filed as a dependent on your wife's I-485 when the priority date becomes current. The PD deoends on how the dates are moving (at the slow pace with which they are moving it can take any length of time). Hope your dates move fast enough for you to apply for the I-485

Subrmanya

[ravi11]

Possibility of applying L1 in the sixth year of H1

Hi

I am in the sixth year of my H1 visa and I am working as a Full Time employee for an American company. Is there any possibility of converting my H1 to L1 now through my present employer so that I can extend my stay in USA for one more year.

Subramanya and other senior members, please reply.

[MrBond]

Hi

I am in the sixth year of my H1 visa and I am working as a Full Time employee for an American company. Is there any possibility of converting my H1 to L1 now through my present employer so that I can extend my stay in USA for one more year.

Subramanya and other senior members, please reply.

What do you mean by H1 to L1? 6 years is your total stay limit on any non immigrant visa (H1 or L1).