More details to this question:
My employer (university professor) is considering H-1B for me. He wants to keep me for 3-6 months only (Until the end of 2017) after my J1 visa expired and our attempts with the program coordinator failed to extend it. Importantly, my adviser is planning to bring me back in December 2018. So, my professor is reluctant to process H-1B now. He thinks he might need to process a new one again in December 2018 if he wanted to bring me again for a longer term. This will be too much money for him. My question is: Can I get H1-B covering Sept-Dec 2017, and can still be used to return to the same position in Dec 2018? Thank you!
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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In this case, you probably do need to have two H-1B petitions. The one year time period appears to be a concern between the end of 2017 and the end of 2018. We have seen situations in the past in which employers have sponsored someone for a certain period of time and the alien took a hiatus from the job during the duration of the visa status, but the instances that we have seen have been unforeseen at the time of sponsorship.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 16th, 2017 at 6:20 PM