H1B with new employer

[Chris14]

Hi,
I posted here before about questions for the H1B visa and how to transfer from the L1B
To the H1B.

My L1B is done on august 2013 after 5 years. I found
A new employer who is willing to file the H1B. As I learned
Earlier I could only start working for them in the USA from
10/01/12 which is in 8 month. So we discussed that I could
Work for them in Europe where I am from till October 1st and come
Back then to work for them.

I have no bachelor degree and I am not sure if the position
They want to put in requires one.
The question is can I just go to Europe and work for them and come
Back to the US?
Would my current employer get a notice when my future employer
Starts applying for the H1B?
My L1B is now in with 3 years and 7 month. It has a Max of 5 years.
My understanding is that the H1B has a total validation of 6 years
From which I have to deduct the L1B time. Is that correct?
Can all the month I am not in the US be added to the end of the time?
If I have no manager position and no bachelor can the new employer
File for the green card right away?
How long would it take to get the green card then?
And could I get extensions of the H1B each year when the green card is not ready?

Thanks a lot for input.

[shervin143]

The question is can I just go to Europe and work for them and come Back to the US?
>>> Possible if the H1B pettion gets approved and you can get the H1B visa stamped successfully.

Would my current employer get a notice when my future employer Starts applying for the H1B?
>>> No.

My L1B is now in with 3 years and 7 month. It has a Max of 5 years.
My understanding is that the H1B has a total validation of 6 years
From which I have to deduct the L1B time. Is that correct?
>>> That is correct. H1B + L1 in total is for 6 years.

Can all the month I am not in the US be added to the end of the time?
>>> Possible. When you apply for the extension, you need to show proof for the time that you have spend outside U.S (Entry exit records in passport, travel itinerary etc).

If I have no manager position and no bachelor can the new employer File for the green card right away?
>>> Yes.

How long would it take to get the green card then?
>>> It depends on what category. EB3 - probably 10 years. EB2 - probably 5 years. There is a separate section for GC in immihelp. Try GC related questions there.

And could I get extensions of the H1B each year when the green card is not ready?
>>> Yes. To get the 7th year extension, your PERM (1st stage in GC process) should be filed 365 days prior to your end of the 6th year on H1B.

[Chris14]

Thanks a lot for your reply. Just some more clarification I have as
Per below. Thanks for your help. Its good to know details when talking
To the new employer and their lawyer.

The question is can I just go to Europe and work for them and come Back to the US?
>>> Possible if the H1B pettion gets approved and you can get the H1B visa stamped successfully.
Chris: but I can work for them in a different country without any issue?
It just depends on the approval for the visa when I can come back?

How long would it take to get the green card then?
>>> It depends on what category. EB3 - probably 10 years. EB2 - probably 5 years. There is a separate section for GC in immihelp. Try GC related questions there.
Chris: so I guess as I am no manager I would be in EB3? and I would have to leave
The country of the greencard is not available after te end of 7years?
Or can I file another extension till the green card is available?

[shervin143]

Chris: but I can work for them in a different country without any issue?
>>> What you do outside U.S will not has got nothing to do with U.S petition or visa. If you get a visa and work authorization to work in a different country, then you can.

It just depends on the approval for the visa when I can come back?
>>> How can you enter U.S without a valid visa? You need a valid H1B visa to enter U.S in H1B status.

Or can I file another extension till the green card is available?
>>> You can keep applying for extension as long as you get the GC or it gets declined. But in order to file the extension beyond the 6th year, your PERM should have been filed 365 days prior to the 6th year end.