How much time left on my H1


mukesh123

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Hi, I have the following question regarding my H1 extension.

 

1.     I came to US in June/23/2007 and went back to India June/1/2008 – Stayed nearly for 1 year in USA

2.     Stayed in India from June’08 till March’10 (more than 1 year). I got my extension done in India using the same petition (Without going under regular H1 filing cycle).

3.     I came to US back again March/04/2010 and never been out of US till now.

4.     My H1 extension was filled by 2 employer. I never worked for employer1 but joined full time with my company (XYZ).

a.     Employer1 - They got the H1 till March/2016.

b.    My Company (XYZ) – They filed the H1 transfer and got it till April/2015. – According to Attorney when I was in India and my extension was filed using my first H1, even though I stayed out of USA for 1 year+, it won’t reset. (This is contradicting with the extension I got from employer1)

 

My Perm application will be filed in Sep’2014 after which my I-140 will be filed.

 

Question

1.     Should I be applying for another extension in March’15 and can expect the extension for 1 year?

2.     Since my H1 is expiring in April,2015 – Do I have enough time for getting I-140? Do I need to capture any time by making trip out of USA?

3.     If I have to capture extra time by traveling to India, I have to go for a stamping and considering my H1 will expire in April is there any impact on stamping?

 

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Your clock did not reset as your entry to US in 2010 was a result of a cap exempt H1B petition. Your clock would have reset if a new cap subject H1B petition was filed after stay outside US for a year.

1. No. Your 6 years on H1B are over by March/03/ 2015.

2. PERM filing is already late and so no chance of getting an I-140 approved before March 2015.

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Thanks for the reply. Please let me know what are the option I have?

 

1. My H1 is valid till April-2015, by when my I-140 will get approve?

 

2. If I have to capture time by going to India - when is the best time and for how long should I stay in India? I am planning to go in December starting and come by Feb starting. Is that sufficient time? My only concern when I got for stamping, since my H1 is valid only till April is there any chance of cancellation?

 

Regards,

Mukesh 

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Thanks for the reply. My question was little different though. This is what I am trying to understand..

 

Since my 6 year will be over in April 1st week - 2015, I want to capture some time so that I can give extra time for I-140 approval. So I am planing to make a trip to India in Dec 1st week till Feb 1st week. That will give my H1b 2 more month. So I can wait for my I-140 approval till June-2015. - Is that a good Idea?

 

If I go to India in Dec-2014 and go for stamping, since current petition is till April-2015 - Is there any chance of cancellation?

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Thanks for the reply. My question was little different though. This is what I am trying to understand..

 

Since my 6 year will be over in April 1st week - 2015, I want to capture some time so that I can give extra time for I-140 approval. So I am planing to make a trip to India in Dec 1st week till Feb 1st week. That will give my H1b 2 more month. So I can wait for my I-140 approval till June-2015. - Is that a good Idea?

 

If I go to India in Dec-2014 and go for stamping, since current petition is till April-2015 - Is there any chance of cancellation?

In my opinion the time you provided for I-140 to be approved is less. You need to talk to your attorney.

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