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H1B extension (a person that has already had 2 H1B stays)

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  • H1B extension (a person that has already had 2 H1B stays)

    Hello--I would like to ask if i can bring back a person that has already had 2 H1B stays--original and an extension. Thank you

  • #2
    re: H1B extension (a person that has already had 2 H1B stays)

    Not a question of number of stays. It is whether the alien spent a total of six years in the U.S. in H-1B status. If so, then the alien must remain outside of the U.S. for one year before he can come in again on a new H-1B (and be eligible for another six years.)

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    • #3
      employment termination a week before H1-B kicks in

      Hi,

      I am currently working on the OPT (H-1B Cap-Gap extension; my EAD card expired in July 2008) and my H1-B was approved to kick in on October 1, 2008 (my employer requested a change of status). However, my employment will be terminated on September 22 and I am not sure if I will be able to find a new employer before that date. I understand that the H1-B status depends on a valid current employment. I have a B1/B2 visa stamp valid until 2010.

      I would like to find out what options are available to me while I seek a new job. I have been searching several websites, but could not find a clear answer to my situation. Any help would be truly appreciated.

      My questions are specifically the following:

      1. I am aware that a H1-B is transferable. But, as my employment will be terminated before my H1-B kicks in, am I eligible to transfer my H1-B?
      2. Assuming that I do not find a new employer before Sep 22, what will my status be on Sep 23? Will I be on the OPT grace period? If so, how long is that?
      3. Can I change status to B1/B2 (using the stamp that I already have)? If so, when do I have to do it and what is the fastest procedure to accomplish that (is it enough to go to Mexico and re-enter)?
      4. If I change status to another visa (B1/B2, for instance), can I later change status again and “revive” my already approved H1-B and transfer it to another employer?
      5. Summarizing, what options are available to allow me to continue job seeking after the termination of my current employment (Sep 22)?

      I truly appreciate your advice.

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      • #4
        re: H1B extension (a person that has already had 2 H1B stays)

        You are required to leave the country immediately.

        H-1B workers are occupying jobs that are needed by U.S. workers during the recession. When the economy improves, you can then revisit the issue of gaining an H-1B.

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        • #5
          re: H1B extension (a person that has already had 2 H1B stays)

          the post above is not correct

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          • #6
            re: H1B extension (a person that has already had 2 H1B stays)

            Any new employer has to file with you for your H1B to be transferred, but it can be done in many cases.

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            • #7
              re: H1B extension (a person that has already had 2 H1B stays)

              If you dont have a new employer you are supposed to leave the country fairly soon...no exact day limit as far as I know.

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