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  #1 (permalink)  
Old 07-27-2013, 05:41 PM
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Post I-140 approved after 6 years of stay in USA and new H1B visa

I am on H1B visa. My PERM application was filed on Feb 2013 and currently pending approval. Six years of stay in USA including recapture days will complete on 09/06/2013. If I did not get the PERM and I-140 approved by 09/06/2013 I will be leaving US on my 6 years completion date 09/03/2013. Then if I-140 is approved when I am in my home country, is it possible to apply for a new H1B visa for 3 years based on approved I-140 from my home country without staying 1 year outside US?

OR once H1B 6 years completes do I need to leave US for 365 days and then apply fresh H1B only after 365 days completion based on cap and then re-enter upon approval?

OR Do I need to leave US 1 week prior to 6 years completion and then based on I-140 approval, go for US consular process to get the H1 visa and come back to US?

Please advise.
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  #2 (permalink)  
Old 07-29-2013, 02:22 PM
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Well, contact a well know lawyer like Murthy or Rajiv khanna. they will give a proper answer depending on your situation.

also check this thread.
http://immigrationvoice.org/forum/fo...r-pending.html

good luck.
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  #3 (permalink)  
Old 07-29-2013, 02:50 PM
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Please stop promoting lawyers for heaven's sake. I have seen people who have pretty bad experiences with them too. Having a website does not mean the lawyer is good.
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  #4 (permalink)  
Old 07-29-2013, 03:29 PM
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Quote:
Originally Posted by gpradu View Post
I am on H1B visa. My PERM application was filed on Feb 2013 and currently pending approval. Six years of stay in USA including recapture days will complete on 09/06/2013. If I did not get the PERM and I-140 approved by 09/06/2013 I will be leaving US on my 6 years completion date 09/03/2013. Then if I-140 is approved when I am in my home country, is it possible to apply for a new H1B visa for 3 years based on approved I-140 from my home country without staying 1 year outside US?

OR once H1B 6 years completes do I need to leave US for 365 days and then apply fresh H1B only after 365 days completion based on cap and then re-enter upon approval?

OR Do I need to leave US 1 week prior to 6 years completion and then based on I-140 approval, go for US consular process to get the H1 visa and come back to US?

Please advise.

Try recapture days you are out of this country.

you have two options.

If your perm is pending for more than 365 days i.e after Feb 2014 you are eligible to apply for 1yr extension.

if you get your I140 approved before or after Feb 2014 you can apply for 3yr extension.
These h1b extensions are cap exempt

At the end 6yrs you can COS to F2 or H4 and back to h1b when above condition are true.

You don't have to leave 1week before h1b. If you leave US at the end of 6yrs you have to get H1B visa.
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  #5 (permalink)  
Old 07-29-2013, 05:47 PM
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if I get my I-140 approval few weeks after completing 6 years on H1B when I am in my home country, is it possible to apply for a new H1B petition/visa and come back to US?
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  #6 (permalink)  
Old 07-29-2013, 09:25 PM
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Quote:
Originally Posted by gpradu View Post
if I get my I-140 approval few weeks after completing 6 years on H1B when I am in my home country, is it possible to apply for a new H1B petition/visa and come back to US?
yes, As soon as your I140 is approved you can apply for 3yrs extension. this extension is cap exempt.
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  #7 (permalink)  
Old 07-30-2013, 12:00 PM
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Thank you for the response
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  #8 (permalink)  
Old 03-11-2014, 03:27 PM
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Default H1B extension with approved LC in 6th yr....

Hi All,

I am in a sticky situation, H1 visa expires- Apr 16 2014 but I-797 expires on March 24 2014.
Labor applied in July 2013 and approved on March 7 2014. Now the employer is planning to apply for H1B extention to recapture the remaining 22 days and another 30 days stay out of US, which should give me time till mid May 2014.
Meanwhile, employer said, I can go for I 140 Premium and once approved he will apply for 3 yr H1 B extension.

The employer is insisting that I go for premium processing for the H1B recapture too but since it's my out of pocket expense, I am planning to go for normal processing.
I have some doubts if anybody can kindly answer. I read the normal processing for vermont center takes about 2 months min and meanwhile if I have my I 140 approved through premium, can I have the employer file another H1 extention for 3 years while the 1st one is still pending? Can the 1st H1 application be amended instead of filing another or should it be withdrawn?

Please share your views.


Regards,
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