Legal Question in Immigration Law in New Jersey

If refilling H1b after a gap

Hi,

I�m currently on H1B, I'm planning to go back to my country for an extended period.

Few queries

1) Can my employer keep my H1B open and show that the job is available for me? If so, for how long can employer do that?

I may go for six months, year or more, depending on circumstances.

2) If after a year a new H1B is filled, by the same employer (given that old H1B cannot be opened for long) will I be able to utilize the old quota or would have to file in new quota.

3) If I come back after a year, does the 6 year counter restarted? ie. the limit of working for six years on H1B.

4) If my employer cancels my H1B, and after six-months or a year, a different company files a petition for H1B, will the petition fall in old quota? Or will have to wait to be filed in new quota for that financial year?

If someone could answer my queries and help me decide, it will be appreciated.

Thank you.


Asked on 7/14/08, 9:28 pm

1 Answer from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: If refilling H1b after a gap

Seems the question you are asking is how long you can leave without consequences to you H-1B. If you leave for over 1 year then yes, you will have to be counted against the quota to return on H-1B. If you are gone for under a year you can only recapture the time you have remaining from the maximum 6-year period available for H-1Bs. You seem to have several other questions for which I recommend you speak to an immigration attorney.

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Answered on 7/14/08, 10:16 pm


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