h1b extension - do i need to complete 6 ys fully first?


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am on my 4 th year of my h1b.current petition expries in 2013 oct..

already have my i140 approved last year.

but, i was staying out of US for 11 months last year,and was in india working.

now,when my current petition expries in 2013, will i get a approval just for 1 yr or is it for 3 yrs since i have my i140 extension. is there any rule that says i need to use all my 6 yrs of h1b first, before asking for a 3 yrs extension using my i140 approval

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Generally, pursuant to the provisions regarding extensions of H1B status beyond the normal six year limitation, if an I-140 petition was filed on a beneficiary’s behalf in the first three employment categories and the I-140 is approved, but due to the per country limitations is unable to adjust status, the individual would typically be eligible for a three year extension of the individual’s H-1B status. An individual is eligible for this extension even if they have not completed the initial six years of H1B status. For example, if you file an extension after completing four years in H1B status, you are eligible to request a three year extension. If approved this would bring you into the seventh year of H1B status. If your situation involves facts outside of this basic outline, you should seek the advice of a qualified U.S. immigration attorney.

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