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).
Employment / Labor Attorney
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If the H-1B petition has not been withdrawn, then yes.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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.