H1B 7th yr extension with I-140 approved & H1B expired after 6 yrs, now outside USA
I have approved Labor and I-140 with priority date of Sep 2010 (labor filed prior to 365 days of completion of 6 years). My 6 years of H1B expired in Dec 2011. So I came back to India in Dec 2011. Living in India since then, so almost 1 years 3 months since I left United states.
That means I have stayed outside US for 1 year or 365 days, after 6 years of H1B. As you know technically right now not on H1B status.
Now if I have to go back to USA,
1. With the same employer, can I apply for 7th year extension using approved I-140?
2. Since I am out of USA after H1B expiry for more than a year, will 7th year be termed as extension or new H1B?
3. Will I have to apply for a new H1B under 65000 and 20,000 Quota? (By the way I have Masters from USA)
4. If have to change my employer what are my options?
I would really appreciate if someone could please answer my questions. It's urgent, hope you understand.
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