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james.frankel

Options After H1-B; For Stub Period of H1-B

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Filed: H-1B Visa Country: Ireland
Timeline

I just moved home to Ireland after living in the U.S. for the last 7 years. I wish to identify my options for getting back to the U.S., as I miss it terribly and want to live there.

My first year in the U.S. was in F1 student status while I obtained a masters. Right after my masters, I found a job at a company which I held until leaving the U.S. last month. In the first year of this job, I was on F1-OPT. For the next 5 years of the job (until it ended last month), I was on H1-B. There is still some time remaining on my H1-B visa -it is due to expire in September of next year (however, I was out of the U.S. for about 6 months during my time on H1-B -I believe this time outside the U.S. can be added to push out the expiry of my H1-B until Spring 2016).

My question is: what is the best option for me in terms of getting back to the U.S. in legal status? (Obviously, I will need to find a job there...that is the main priority -but I want to know what to tell prospective employers when they ask about my visa situation)

In particular:

1. Now that I am back in Ireland, can I still transfer the stub of my H1-B to a new employer in the U.S., if I find one?

2. Is there still time for a new employer to submit a green card application for me that will enable me to remain in the U.S. after the stub period of my H1-B expires but before the permanent residence application is approved? In other words, how much time do I have before I absolutely need to have a permanent residence application submitted on my behalf (obviously, its a big thing for a new employer to agree to right off the bat)? Also, do I need to get back ASAP, or if I am in Ireland for 8 months before I find a job back in the U.S., does that matter? In other words, does the stub period on my H1-B last forever?

3. Is there any advantage in remaining outside the U.S. for one year at this point? I know one can apply for a new 6-year H1-B after being out of the U. S. for 365 days -but I believe this to be a risk because it is subject to the H1-B visa cap? Also, as I just left the U.S. last month, I wonder if the 365 days have to have passed by the commencement date of the new H1-B (October 1) or by the date of filing the application for it (April 1). If it is the latter, doesn't that mean that I really need to be outside the U.S. for a year and 8 months -and can only apply in April 2016?

Separately, my mother is a U. S. citizen...but she has never lived or worked in the U.S. and is domiciled in Ireland. As I was not registered as a foreign born child of a U.S. citizen before my 18th birthday, I can no longer avail of the Child Citizenship Act as I had "aged out" before I knew I was entitled to it (my grandfather spend most of his life in the U.S. before moving to Ireland). Given that my mom is domiciled in Ireland, I don't believe she can make a permanent residence application for me -but I thought I should ask.

I sincerely appreciate your time in considering my position. It would mean the world to me if I found a way back to the U.S. In looking for jobs, I would like to have a solid proposal to present to prospective employers as to how I might be able to be there in legal status.

With thanks.

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