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  #1 (permalink)  
Old 02-17-2009, 12:29 PM
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Question H1B extension after expiration

I'm in 6th year of H1B and it will expire on 3/27/09. My PERM was file on 10/03/08. The first lawyer HR manager hired said I would be able to extend my H1B after 10/03/08 even after H1B expires. I hired another lawyer in CA at my own expense to get PERM application reviewed. The lawyer in CA said H1B cannot be extended after expiration. The HR manager fired the first lawyer and hire a new immigration lawyer in a different firm. The new lawyer said H1B is extendible even after expiration. Who should I trust?

Thank for reading.
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  #2 (permalink)  
Old 02-17-2009, 01:06 PM
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Originally Posted by jowook View Post
I'm in 6th year of H1B and it will expire on 3/27/09. My PERM was file on 10/03/08. The first lawyer HR manager hired said I would be able to extend my H1B after 10/03/08 even after H1B expires. I hired another lawyer in CA at my own expense to get PERM application reviewed. The lawyer in CA said H1B cannot be extended after expiration. The HR manager fired the first lawyer and hire a new immigration lawyer in a different firm. The new lawyer said H1B is extendible even after expiration. Who should I trust?

Thank for reading.
I dont see how they can extend your H-1B pending labor petition thats not atleast 365 years old from 3/27/09. Unless, you got some unused time on H-1 in the past. If they can recapture that time (in your case approx 6 months), then I guess there should be no problem. This is just my take and I am not a lawer
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PD:May 2003, EB3
I-140: Approved on 11/14/2005
I-485: RD-07/19/2007, LUD:11/26/2007, 02/10/2009
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  #3 (permalink)  
Old 02-17-2009, 01:12 PM
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If you have a approved Labor, which i can't make out from your profile, then it can be extended for 1 year and 3 yrs for approved I140. Other than that recapture is the only option as mentioned by rvr_jcop.
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  #4 (permalink)  
Old 02-17-2009, 02:23 PM
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Originally Posted by rvr_jcop View Post
I dont see how they can extend your H-1B pending labor petition thats not atleast 365 years old from 3/27/09. Unless, you got some unused time on H-1 in the past. If they can recapture that time (in your case approx 6 months), then I guess there should be no problem. This is just my take and I am not a lawer
I'm planning to be out of the U.S. for about 6 months. After that, my PERM case will be 365 days old, so my expired H1B visa can be extended. This is what the new lawyer explains. I don't have 6 months to recapture, so this is not an option.
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  #5 (permalink)  
Old 02-17-2009, 02:43 PM
Member
Priority Date
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May-03
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I485 Mailed Date
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06/18/2007
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Join Date: Feb 2009
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rvr_jcop has a brilliant future rvr_jcop has a brilliant future rvr_jcop has a brilliant future rvr_jcop has a brilliant future rvr_jcop has a brilliant future rvr_jcop has a brilliant future rvr_jcop has a brilliant future rvr_jcop has a brilliant future rvr_jcop has a brilliant future rvr_jcop has a brilliant future rvr_jcop has a brilliant future
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Originally Posted by jowook View Post
I'm planning to be out of the U.S. for about 6 months. After that, my PERM case will be 365 days old, so my expired H1B visa can be extended. This is what the new lawyer explains. I don't have 6 months to recapture, so this is not an option.
I have no clue if that is a possibility. Lets see if others weigh in on this..
__________________
Disclaimer: I am not a lawer and whatever I say here is strictly my own opinion.
PD:May 2003, EB3
I-140: Approved on 11/14/2005
I-485: RD-07/19/2007, LUD:11/26/2007, 02/10/2009
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