H1B max our and GC filing- need urgent advise


jinny305

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I am stuck in a situation and need advise on this forum on next steps.

 

I am explaining my situation below

 

I first went to US on Nov 2007 with employer X on L1B petition. In Feb 2011 I switched my status from L1 to H1B(valid till Aug 2013) and joined employer Y.

 

In March 2012 due to personal issues I had to return to India so I resigned from my job from employer Y and joined employer Z in India.

 

In June 2013 employer Z had filed my H1B transfer/extension under visa to be issued abroad category not subject to cap and they had asked for extension till July 2014 considering all my time spent outside US.

 

After RFE USCIS finally approved my petition in Feb 2014 but has given I-797B valid only till Jan 21 2015 (I have to go to stamping in March 2014).

 

Now I am stuck in a situation where I want to know should I travel to US or not?

 

Following are my questions

 

1> Should I travel to US considering my H1B is granted only till 21st Jan 2014?

 

2> If I decide to travel around 1st week of April 2014  by what time I should file my 1-140 and labor?

 

3>It is possible to extend the visa beyond 21st Jan 2015 ? (please see below chart for consideration) I am not sure how 6 year rule will be calculated in my case.

 

4> Can my visa be extended beyond Jan 21st 2014 and by what duration (Please consider chart below for consideration)

 
Visa Type    Employer         Date of Entry        Date of Exit      Days outside US
L1B                 X                      3-Nov-07                   10-Oct-08           21
 
L1                   X                       1-Nov-08                   26-Nov-09          29
 
L1/H1             X/Y                    26-Dec-09                 22-Jul-11            16
(status got chaged to H1B on 20th Feb 2011)
                      
H1B                 Y                      8-Aug-11                  4-Mar-12             756
(valid till 29thAug 2013)
 
 
H1B                  Z                     5th-Apr-14(tentative)
(Approved in Feb 2014 and valid till 21st Jan 2015)
 
 

I will be really grateful if I can get some quality advise on this forum as I am keen to return to US.

 

 

 

 

 

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I am stuck in a situation and need advise on this forum on next steps.

 

I am explaining my situation below

 

I first went to US on Nov 2007 with employer X on L1B petition. In Feb 2011 I switched my status from L1 to H1B(valid till Aug 2013) and joined employer Y.

 

In March 2012 due to personal issues I had to return to India so I resigned from my job from employer Y and joined employer Z in India.

 

In June 2013 employer Z had filed my H1B transfer/extension under visa to be issued abroad category not subject to cap and they had asked for extension till July 2014 considering all my time spent outside US.

 

After RFE USCIS finally approved my petition in Feb 2014 but has given I-797B valid only till Jan 21 2015 (I have to go to stamping in March 2014).

 

Now I am stuck in a situation where I want to know should I travel to US or not?

 

Following are my questions

 

1> Should I travel to US considering my H1B is granted only till 21st Jan 2014?

 

2> If I decide to travel around 1st week of April 2014  by what time I should file my 1-140 and labor?

 

3>It is possible to extend the visa beyond 21st Jan 2015 ? (please see below chart for consideration) I am not sure how 6 year rule will be calculated in my case.

 

4> Can my visa be extended beyond Jan 21st 2014 and by what duration (Please consider chart below for consideration)

 
Visa Type    Employer         Date of Entry        Date of Exit      Days outside US
L1B                 X                      3-Nov-07                   10-Oct-08           21
 
L1                   X                       1-Nov-08                   26-Nov-09          29
 
L1/H1             X/Y                    26-Dec-09                 22-Jul-11            16
(status got chaged to H1B on 20th Feb 2011)
                      
H1B                 Y                      8-Aug-11                  4-Mar-12             756
(valid till 29thAug 2013)
 
 
H1B                  Z                     5th-Apr-14(tentative)
(Approved in Feb 2014 and valid till 21st Jan 2015)
 
 

I will be really grateful if I can get some quality advise on this forum as I am keen to return to US.

Let employer file a cap subject H1B petition this April and on approval you would get 6 years. 

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Hello Jairichi,

 

Thanks for reply.

 

Actually filing H1B in new quota is out of scenario. My employer wont file a new petition in 2014 quota as I already have an approved H1B for this year.

 

I need advise in absence of above scenario.

 

Will really appreciate a reply as I have to decide in next few days.

 

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Hello Jairichi,

 

Thanks for reply.

 

Actually filing H1B in new quota is out of scenario. My employer wont file a new petition in 2014 quota as I already have an approved H1B for this year.

 

I need advise in absence of above scenario.

 

Will really appreciate a reply as I have to decide in next few days.

If employer files a cap exempt H1B petition you would get only 6 years - time spent on L1B and H1B which is believe in your case to be less than a year. If you need 6 years a cap subject H1B petition has to be filed.

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Actually my main question was that if I decide to go on same visa by April and then my current company Z files my labor and I-130 by September.

Can I get extension on my visa beyond January 2014? because I think I still will have around 1 year left for max out after January since I was out of US for more than 2 years.

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Actually my main question was that if I decide to go on same visa by April and then my current company Z files my labor and I-130 by September.

Can I get extension on my visa beyond January 2014? because I think I still will have around 1 year left for max out after January since I was out of US for more than 2 years.

If PERM is approved or pending for more than 365 days then employer can file for 1 year H1B extensions every time. If I-140 is approved then employer can file for 3 year extensions. But, if employer is going to start GC process in Sept it is highly unlikely to get your PERM approved to file for extension.

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