Do I need a new H1B in this case?

Asked almost 2 years ago - San Francisco, CA

I am working for XYZ right now on 7th year of my H1 which will expire on 12/2015 (got beyond 6 years approval after having I-140 approved).

Now if I switch the job to ABC - I will transfer the H1B, but let's say after joining ABC in US, I go to work on the offshore office of ABC (India) for 8-9 months (where I will not need H1B)... so after 8-9 months, can I come back on same H1B to work for US office of ABC?... is it possible? ... if yes, then the expiration of H1B will move beyond 12/2015?... (so I can re-start my green card with PERM within 365 days of expiration..)

Also, lets say when I am offshore working for ABC.. can I ask company WXY to take up my H1 and so I can come to US and join WXY? (in case ABC goes rogue in their plans of calling me back to US).

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . If the H-1B petition has not been withdrawn, then yes.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Tripti Sharad Sharma


    Contributor Level 20


    Lawyer agrees

    Answered . You will get extensions of H-1B beyond six years as long as the I-140 is approved and valid until the I-485 can be filed.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Marilynn Mika Spencer

    Contributor Level 20

    Answered . I've shared your question with Avvo's immigration law forum, where your question may be seen by more attorneys who practice in this area of the law. *** All legal actions have time limits, called statutes of limitation. If you miss the... more

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