need advice on my status situation

[mindheartandsoul]

My h1b 6years is getting maxed out. i actually thought of going back to india but due to some reasons wanted to stay another 1 or 2 years. My employer informed that he will not apply PERM unless we have payroll continuity.

i applied for a college to convert to F1 and got i-20(Ceepeetee college) but the attorney is saying that there is huge backlog in change of status requests and it may take 1 year also. so what are my options here.

if i go back to india in november and apply for H1B next year and come next year november, Does that count as 1 year out of country?

or do i need to try my luck in going to F1 stamping for the above college in december and if accepted, come back to USA in spring semester.

 

 

[hydusguy]

10 minutes ago, mindheartandsoul said:

My h1b 6years is getting maxed out. i actually thought of going back to india but due to some reasons wanted to stay another 1 or 2 years. My employer informed that he will not apply PERM unless we have payroll continuity.

i applied for a college to convert to F1 and got i-20(Ceepeetee college) but the attorney is saying that there is huge backlog in change of status requests and it may take 1 year also. so what are my options here.

if i go back to india in november and apply for H1B next year and come next year november, Does that count as 1 year out of country?

or do i need to try my luck in going to F1 stamping for the above college in december and if accepted, come back to USA in spring semester.

 

 

just go and come back... dont get into f1 ..cpt...

you should not have waited till last minute

[grogu]

[snoww]

On 9/1/2021 at 8:28 PM, mindheartandsoul said:

.

if i go back to india in november and apply for H1B next year and come next year november, Does that count as 1 year out of country?

.

 

 

Yes. If you stay out of country for one year then you will get another 6 years h1b term.won't be counted towards quota or lottery. You can just directly extend h1b for renewal. 

[mindheartandsoul]

Thanks for your inputs.

@snoww, is the rule applicable to my situation?

bcoz when I read the rules, the next H1b application after 1 year out of country would be cap exempted for ones, who didn’t use their 6 year complete validity like taking vacations n all.

could you let me know or forward any information you see about it please.

[nuvvu_naakina_paalem]

On 9/3/2021 at 3:11 PM, snoww said:

Yes. If you stay out of country for one year then you will get another 6 years h1b term.won't be counted towards quota or lottery. You can just directly extend h1b for renewal. 

seems not true

 

Once H1B holders reach that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery.

https://www.visapro.com/resources/article/h1b-extension-beyond-6-years/

 

@snoww can you post any links if this is not true?

 

[Pitta]

[nuvvu_naakina_paalem]

2 minutes ago, Pitta said:

There is No Elevator To success. You Have To Take The Stairs.
 

[DannyArcher]

go & come back . . you aren't eligible for cpt ( ikada ms cheyakapote) .. best luck ... 

[DannyArcher]

Just now, DannyArcher said:

go & come back . . you aren't eligible for cpt ( ikada ms cheyakapote) .. best luck ... 

+ avoid cpt 

[mindheartandsoul]

@DannyArcher, thanks for your inputs.

I got I-20 from college and don’t know whether F1 change is status are moving fast or not or if the stamping is getting approved in india.

[Smarty_1]

On 9/1/2021 at 10:28 PM, mindheartandsoul said:

My h1b 6years is getting maxed out. i actually thought of going back to india but due to some reasons wanted to stay another 1 or 2 years. My employer informed that he will not apply PERM unless we have payroll continuity.

i applied for a college to convert to F1 and got i-20(Ceepeetee college) but the attorney is saying that there is huge backlog in change of status requests and it may take 1 year also. so what are my options here.

if i go back to india in november and apply for H1B next year and come next year november, Does that count as 1 year out of country?

or do i need to try my luck in going to F1 stamping for the above college in december and if accepted, come back to USA in spring semester.

 

 

Did you use/count all ur out of country days as well to this 6 years?

[Smarty_1]

On 9/3/2021 at 6:11 PM, snoww said:

Yes. If you stay out of country for one year then you will get another 6 years h1b term.won't be counted towards quota or lottery. You can just directly extend h1b for renewal. 

Employer job kavali ga ahh time ki?

[Smarty_1]

On 9/7/2021 at 1:40 PM, nuvvu_naakina_paalem said:

seems not true

 

Once H1B holders reach that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery.

https://www.visapro.com/resources/article/h1b-extension-beyond-6-years/

 

@snoww can you post any links if this is not true?

 

Lottery lo ne ravali anukunta malli..

[mindheartandsoul]

@Smarty_1 I also checked that option of H1b re-capture but as informed, my employer doesn’t want to apply perm, if there is no continuity in payroll.

I was out of US for almost 68 days during my 6 years.

Most of the sites indicate that I would be applying H1b in cap until I get an offer from cap-exempt organization.