Want2Move

Thanks for clarifying. I did not know one year reset rule.

But what do you think about the OP being able to get a new H1B based on his old H1B because he has been outside the US for less than one year and he has some remaining time in his initial 3-year H1B?

ash_ak

The one yr reset rule applies only if Op wants to apply for a new 6 year period. After doing some research, I can say with certainty that as long as Op has worked for less than 6 years on H1-b, he can re-use the remaining time on H1-b transfer, he wont be subject to the new H1-b cap. It gets even better, he can look for a job and as soon as his new company submits his H1-b petition for a transfer, he can start work, no need to wait for approval of I-797. If op has an unexpired H1-B Visa in his passport he can enter the country showing new H1-B petition filing receipt, POE officer will allow him in.

And, It is also stated that if Op has changed his status to B1 or H-4 or any other nonimmigrant visa, he can still enter the country legally and get H1-b status whenever his petition is approved. I dont how VWP works (since its not an actual visa, is it?), so i can't comment on that.

Remember to save your last 2-3 pay stubs, as u will need it for H1-b transfer to show them that you were always legally present in the country and u left immediately (within 10-15 days) when ur job was over. Also, POE office may ask for it.

Also, ever since the cap was introduced, theres been the following:

(Below is from the internet):
A person will not be counted toward the cap if he/she had been in H-1B status within the previous six-year time period.

Example: Kim originally acquired H-1B status that is subject to the cap in January of 1997, but decided to return to school in August of 2000 and thus changed status to F-1. In March of 2004, Kim wants to work again in a specialty occupation. Kim may file for change of status to H-1B without worrying about the H-1B cap, since she had already been in H-1B status within the past six years and she does not need a new six-year period. On the other hand, if Kim had originally started her H-1B employment in August of 1994, she would have used up her full six years of authorized stay at the time she changed to F-1 status. By March of 2004, she would need to apply for a new six-year period of authorized stay, in which case she would be subject to the cap. In another alternative, if Kim had changed from H-1B to F-1 status before March of 1998, she would also be subject to the cap as she has not been in H-1B status during the preceding six-year period.

ian-mstm

Where exactly? Post the URL.

Ian

ash_ak

http://www.hooyou.com/h-1b/recentdeve032904.html

i have found similar articles online corroborating the stuff mentioned in the above site.

Want2Move

Glad you found the better info from a lawyer's site. I never found the link like yours, but I have a friend who was in H1B for about 2 years and changed his visa to F-1, went back to school, got his double masters and got his H1B again without going through the cap/quota. He did not have to wait for April 1st to apply.

But one thing he did not do is, he did not go outside the US for more than a year for all of this period. He was gone home for a month or so. So, I am not sure what happens if you go out the country for more than a year.

MsElui

i didt think you could 'work' on a B1 at all (ie can attend meetings and stuff like the vwp BUT NOT actually work).

Folinskyinla

Hi:

Maybe you can, maybe you cannot. You don't give enough facts. BTW, it was not all that long ago that the H-1b was not a "lottery." Keep that in mind in the "experience" stories on this string.

A legal consultation appears to be in order. You might want to e-mail Eileen Chun at [email protected]. BTW, they do have a website.

ash_ak

cant work for a US company on a B1, but one can have meetings, discuss and develop new business. meet clients, buy spares, raw materials, etc. as long as one is representing the interests of a foreign company and is an employee of the foreign company and is in US on a temporay basis.

in fact, i have spent 6 months on B1 in the US in the last 9 months which included stays of 3 months, 2 months and 1. didn't have problems at POE either, maybe the fact that i dont work in IT helps, i work in steel and coal.

Want2Move

Please read below:
Source: Murthy

Question 10. I was in H1B status and changed to F-1 status. I am now ready to work in H1B status again. Do I get six more years in H1B status?

No. The six-year clock in H1B status is not reset unless one leaves the United States for at least one year. As a result, the time previously spent in H1B status will be counted against the six-year H1B limit.

Individuals who previously held H1B status in the last six years, and subsequently left the U.S. for at least a year, generally have the option of either using the time remaining in H1B status without being subject to the cap or applying for another six years of H1B employment subject to the cap.