Max007ind Posted September 6, 2019 Report Share Posted September 6, 2019 Hi, I have stayed in USA for almost 6 years and have returned to my home country when few more days were left in my H1B. Date of my H1B Expiry was 17-JAN-2016. I left USA for good on 30-Dec-2015. Since I want to work in US now, my current employer filed a new H1B. But my application did not get selected in lottery process. Hence I would like to check whether I can file H1B OUT OF CAP with my little period left from my previous H1B and the process to file for PERM after that. Below are my entry and exit dates to USA. Assuming total number of days permitted for H1B is 2190 days ( 6years 365*6 ). Seems I have 12 more days left on my previous H1B. It would be great if someone could guide me in this regard. Entry Exit Days 15-Jul-06 9-Nov-07 483 9-Dec-07 21-Feb-09 441 22-Aug-10 25-Feb-11 188 20-Mar-11 21-May-12 429 5-Sep-13 7-Feb-14 156 21-Aug-14 30-Jan-15 163 16-Feb-15 30-Dec-15 318 2178 Total Days Thanks in Advance!! Quote Link to comment
Mav777 Posted February 18, 2020 Report Share Posted February 18, 2020 Old post, but I’ll respond. Not sure why you would want to file for h1b extension for 12 days?? I don’t think any company would think that’s feasible. The perm and subsequently i140 can be filed while you are out of the country. You are not required to be on h1 status for filing of that paperwork— since it is for a separate future job, different from the h1b job. in any case, looks to me the only option is to try again for h1b under the CAP for this year or wait till 1-140 is approved or perm is pending for 365 days to apply for a cap exempt h1 extension. Quote Link to comment
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