Immigration Voice

maverick80 · #1 (**permalink**) 07-13-2011, 06:16 PM

My 6 year h1b expired last december, and I moved to a Canadian office. Now my LC got approved and my i140 has been filed in premium processing. If it gets approved (fingers crossed in ~15 days), what does this mean for my h1b? Can I extend the old h1b with the i140 approval right away? I have read conflicting things about it (some places say it has to be approved 365 days before expiry for extension)

Or is my only option to apply for a new h1b after a year outside?

maverick80 · #2 (**permalink**) 07-14-2011, 08:33 PM

Anyone know the answer to this?

sac-r-ten · #3 (**permalink**) 07-15-2011, 09:12 AM

I am afraid not. Your H1B is expired, you should be filing for new H1B petition after staying out for 1 year from the time you left USA.
Your GC process would continue and you can use approved I140 for the next H1B extension after 6yrs.

good luck

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