H1B visa after 6 years??

[kapschillout]

Hello,

If my h1b gets over after 6 years ,the general rule is to leave the country for 1 year and file a fresh h1b visa..My question is "Is it mandatory to leave the country , can I not stay on h4 visa as my wife is on h1b and then again apply for a fresh new visa after the 1 year OR is it compulsory to leave the country in order to apply a new H1b????''

[Subramanya]

If my h1b gets over after 6 years ,the general rule is to leave the country for 1 year and file a fresh h1b visa..My question is "Is it mandatory to leave the country , can I not stay on h4 visa as my wife is on h1b and then again apply for a fresh new visa after the 1 year OR is it compulsory to leave the country in order to apply a new H1b????''[/QUOTE]

---- In order to be on H1B you have to leave the US for 1 year and then apply for fresh H1 even though it may be for the same company and same job

---- You can take a COS from H1 to H4, but then you will be counted as being in the US for 1 year as long as you are on H4

Subramanya

[kapschillout]

So that means leaving the country is mandatory in order to work again..

So what are my options ?Can i do my GC process thru some external way as company is taking too long to decide..

[Subramanya]

So that means leaving the country is mandatory in order to work again..

---- YES

So what are my options ?Can i do my GC process thru some external way as company is taking too long to decide.

---- What do you mean by external means. If you are thinking for applying for a GC through a company from outside US, yes you can do that provided the company agrees to that option

---- Wonder who is that employer who wants to apply for a GC without you working for them

Subramanya

[kapschillout]

Hi,

No company is willing to do it. i am just weighing my options as to how can i start my GC..How do i convince my company?
I have given them the option of me paying the expenses?
How much would be the total expenses? and why would the company take that long?

Thanks for your prompt replies.Much appreciated!

[Subramanya]

No company is willing to do it. i am just weighing my options as to how can i start my GC..How do i convince my company?

---- There are no options other than you going out of US and apply for a H1 with the same company. Altenatively you can start the GC process with the company and let them know that after 1 year you will start with a fresh H1 and continue working for them and by that time there will be some stage that would have been completed for the GC process

I have given them the option of me paying the expenses?
How much would be the total expenses? and why would the company take that long?

---- If you are taldking about the exppenses for a GC process it depends on the attorney's fees apart from all the application fees. The application fees will have to be borned by the employer

---- The attorney's fees will have to be negotiated with the employer and attorney/ You may be able to pay part of the attorney's fees. Speak to your employer regarding the terms of payment and other arrengements

Subramanya

[cursedimmigrant]

New H1B after 6th year. EB3 PERM Denied

Hi

I completed my 6 years on H1 in Oct 2010. My EB3 PERM was filed in Jul 2009. I got 1 year H1B extension to Oct 2011 based on EB3 PERM filing.

I never really used this extension. I stayed out of US till Aug 2011.

In Apr 2011 EB3 PERM was denied. I am now learning that I can not extend H1 anymore even if I did not utilize the extension. - Can some one verify that for me?

Also if I happen to leave US now (say in Sep 2011) and want to file new H1B, do I need to stay out for consecutive 12 months (uptil Sep 2012) or just 1 month uptill Oct 2011 (since I have already spent 11 months outside US in recent past).

Really need some help here...
CursedImmigrant