H1B max out date

[sambritish]

Hi,

My first H1B started Oct 2008 and I went for my visa stamping in Dec 2009. I got admin processing 221 g and was in India until Feb 2011 (14 months outside U.S.). I returned back and started working from March 2011. As per this scenario, I beleive that my max out date is Oct 2014 (6 years on H1B)

I heard that on H1b, if you move out of U.S. for more than a year and then come back on H1B, then you get a fresh 6 year max out date on H1B. Is this true? experts please advise. Before what time atleast should I start my GC processing?

Thanks.

[JoeF]

If you have been outside the US for one year, an employer can file a new H1 for you under the quota. Only then would you get a new full 6 years.

[DontWorryBeHappy]

In your current H1 you are entitled to get H1 extensions till Dec 2015 (Oct 2014 + You can reclaim 14 months that you spent outside US).

You are entitled to get fresh 6 years, if you stay outside US for 1 year and some employer files a brand new petition which is counted against cap like your first H1 applied back in Apr 2008.

To get extensions based on GC filing, Your employer needs to file PERM/Labor at least 365 days before your H1B 6 years limit completes i.e., in your case it may be Dec 2014 or some other future date if you take vacation in between.

If your PERM is approved you will get 1 year extensions. If your I-140 is approved you will get up to 3 year extensions until you apply for I-485.

[sambritish]

Thanks both for the info. This was great.

[catx]

To get extensions based on GC filing, Your employer needs to file PERM/Labor at least 365 days before your H1B 6 years limit completes i.e., in your case it may be Dec 2014 or some other future date if you take vacation in between.

If your PERM is approved you will get 1 year extensions. If your I-140 is approved you will get up to 3 year extensions until you apply for I-485.

A couple corrections to the quoted post ...

Your employer can start the permanent residency (green card) process at any time starting with the PERM labor certification application. There is no requirement in the immigration laws, regulations, or rules that it has to be at least 365 days before your second 3 year H-1B visa expires. In practical terms, to file and get your PERM labor certification application and I-140 petition approvedl takes the better part of a year, and can often be over a year. The earlier its is started the better.

If your PERM labor certification application is pending for 365 days or longer, then you will be eligible for a 1 year H-1B extension. An approved PERM labor certification application by itself does not entitle you to any H-1B extension.