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KCT

I140 approved while out of USA

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What are the options present, when I 140 on EB3 has been approved on June 2018 but the candidate is out of US as H1B and I-94 has been expired (6 years completed on March, 2018)  ?

 

 

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If your h1b is left over few weeks in previous 6 years of your H1b then you are eligible for H1b extension under cap exempt.

If your H1b is completely exhausted of 6 years then you have to wait until next year to file H1b under cap...

 

 

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I am also in the same boat. 

My PERM was filed in 15th April'2018 and My H1B is getting max out on 15thJuly'2018. I am planning to maxout H1B and re-enter to US once my PERM+I-140+H1B extension is approved. 

Can some experienced member from Murthy team clear my doubts ?

1. If I maxout my H1B and stay till 15th July, will i be eligible for immediate H1B extension if my I140 is approved ? or do i have to wait till one year to reset the counter and apply for H1B extension ?

2. Or should I leave US before one week before  my H1B gets maxout and re-capture the one week for H1B extension once i140 is approved ?

Your kind reply will help me to take decision.

Thanks,

Vivs

 

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On ‎6‎/‎21‎/‎2018 at 10:26 AM, h1bexten9866 said:

If your h1b is left over few weeks in previous 6 years of your H1b then you are eligible for H1b extension under cap exempt.

If your H1b is completely exhausted of 6 years then you have to wait until next year to file H1b under cap...

 

 

This is incorrect. AC21 allows for 7th year extension based on 365 day pending PERM or approved I-40 after 6 years of H1B is fully completed. And even if beneficiary is outside the country.

Edited by Ken7

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On ‎6‎/‎18‎/‎2018 at 3:31 AM, KCT said:

What are the options present, when I 140 on EB3 has been approved on June 2018 but the candidate is out of US as H1B and I-94 has been expired (6 years completed on March, 2018)  ?

 

 

Can apply for a 3-year H1B extension based on approved I-40 immediately. It will be consular approval obviously, since the candidate is outside the country.

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On ‎6‎/‎25‎/‎2018 at 1:13 AM, vivs33 said:

I am also in the same boat. 

My PERM was filed in 15th April'2018 and My H1B is getting max out on 15thJuly'2018. I am planning to maxout H1B and re-enter to US once my PERM+I-140+H1B extension is approved. 

Can some experienced member from Murthy team clear my doubts ?

1. If I maxout my H1B and stay till 15th July, will i be eligible for immediate H1B extension if my I140 is approved ? or do i have to wait till one year to reset the counter and apply for H1B extension ?

2. Or should I leave US before one week before  my H1B gets maxout and re-capture the one week for H1B extension once i140 is approved ?

Your kind reply will help me to take decision.

Thanks,

Vivs

 

Just FYI, this forum is not for Murthy professionals, lawyers do not answer questions here.

1. Yes, can file for 3-year H1-B extension immediately after I-140 is approved. Then, if the extension is approved, can come back into the country after consular/stamping approval.

2. It wouldn't hurt to leave the country a little bit earlier than the maxout date, but it's not necessary. There is no recapture required in your case. The I-797 notice that comes with the approved I-140 will have the new dates for the 3-year extension.

To clarify recapture only helps if you are trying to do adjustment of status (i.e. extend your stay in the US without having to leave the country) and need that additional time.   

 

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