Question:
This is for a friend of mine who
is on H1. He has just applied for
Labour and his 6 year limit is going
to expire very soon. He was told
that he has no chance of getting
his GC before his 6 yr limit expires.
His questions are as follows: 1.
Can he come back to US after going
back to his native country on H1
again? He was under the impression
that one can get a new H1 after
he stays out of US for one year.
Is this true? If so what is the
6yr limit means exactly? 2. Can
he still continue his GC processing
from his home country? Please help
as he needs this info urgently.
Answer:
YES, HE CAN. IF HE IS HOME FOR A
YEAR, THEN HE CAN START A WHOLE
NEW 6 YEAR H-1B PROGRAM AGAIN. Basically
the 6 years limit does require your
friend to leave the U.S for a year
before getting a new H1.
2. Can
he still continue his GC processing
from his home country? He sure
can, the INS would rather applicants
do it while they are outside the
U.S., however, it so happened that
most applicants are in the U.S (mostly
on H1). Note that his company that
is sponsoring him for GC should
have a job for him once he gets
approved since he even can work
in a different company during processing.
