mukesh123 Posted August 15, 2014 Report Share Posted August 15, 2014 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? Link to comment
jairichi Posted August 16, 2014 Report Share Posted August 16, 2014 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. Link to comment
mukesh123 Posted August 18, 2014 Author Report Share Posted August 18, 2014 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 Link to comment
jairichi Posted August 18, 2014 Report Share Posted August 18, 2014 1. If your I-140 is approved before you complete your 6 years stay in US then your future H1B petitions are cap exempt. 2. You can exit anytime. You will need few days or weeks to recapture when a cap exempt H1B petition is filed based on approved I-140. Link to comment
mukesh123 Posted August 18, 2014 Author Report Share Posted August 18, 2014 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? Link to comment
jairichi Posted August 19, 2014 Report Share Posted August 19, 2014 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. Link to comment
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