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Tricky Situation with H1b visa .

Montville, CT |

Hi All,

I have a tricky situation and I am trying to find a legal way to make things work for me.
I am an IT consultant professional with a company for 10 yrs. I came to US in 2005 on H1b visa and left US on Sep 13 2012 , leaving about 45 days on my H1b visa(out of 6 years quota).

Currently I am in Canada (from Sep14 2012- Till Date) . My company is NOT filling H1/L1 for me and looking at an option for sending me back to my country.

I am looking at the option to come to US on valid Visa . Is there any scenario where I can come to US ?
here is one options I see , please suggest:

Get a new company to file H1 ext for me for remaining 45 days , come to US and while working apply for Extension again ... is it possible and it so on what basis will I request extension?

Attorney Answers 3


  1. You should really consult with an attorney over the phone or Skype. Unfortunately, this forum is not suitable for specific legal advice.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com


  2. If you have been outside the U.S. for over one year (which you have if you left in SEptember 2012), then you are eligible for a new H-1B visa with 6 years availability. You have restarted the H-1B clock so to speak by staying outside the U.S. for 1 year. If you try to re-enter using the remaining 45 days that you have, you would not be able to avail yourself of the resetting the H-1B clock. Of course, since you will be applying anew, you will have to be counted against the cap again so you wouldn't be able to be sponsored until April 1, 2014, for an October 1, 2014 start date (unless you intend to work for a cap exempt company such as a non-profit or university, etc..

    This response is provided for informational purposes. No attorney-client relationship exists unless we have a signed agreement. For more information, please click on my profile to find my phone number and email address.


  3. Call a good/ creative immigration lawyer to recommend options. These cannot be recommended in the abstract without analyzing your resume and your background and your personal immigration goals. There is no way around a private consultation with an attorney if you really want solid advice that's going to help you.

    Contact: 860-548-2629 or dbucin@uks.com. This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.

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