I-140 Approved & H1B expired after 6 years, now outside USA, seeking 7th yr extension

[raminiyadav]

Hi,

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?

(or)

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.

Thanks,

Ramini Yadav

[pontevecchio]

1. You are entitled to a 3 year extension. 2. What difference? You will not be subject to cap. 3. NO 4. You can get a 3 year extension of the H1 all other things being equal with any employer as long as you process it before the I-`140 is revoked if at all. 5. Contact the firm of Murthy with your facts. Do it ASAP.

[sudredram]

Hi Ramini,

 

I am similiar sitution and can you please tell what did your attroney tell you on this. It will be great help since my employer doesn't want to proceed until my situation is clear.

 

Thanks,

Sudhakar.