rc10 Posted December 11, 2011 Report Share Posted December 11, 2011 Hi all, I need clarification on PERM processing. I am in 6th year and my visa ends on may 2nd week. now i am joining new company and dont have labor (or) i-140. My new company started the process already. If my I-140 does not does not come thru - my manager says you can go to india and WFH (or) take vacation for sometime. my questions - if my I-140 does not come thru by then - how long can i stay back in india? is there any issue in going back to USA and come back after my new H1B is approved based on I-140. Can you please clarify? Thanks, RC Link to comment
Attorney_17 Posted December 12, 2011 Report Share Posted December 12, 2011 This should not be a problem. Please read our April 8, 2011 MurthyDotCom NewsBrief, "Filing Labor Certification During Sixth Year of H1B," at http://www.murthy.com/news/n_lc6th.html for information on this topic. Link to comment
rc10 Posted December 13, 2011 Author Report Share Posted December 13, 2011 Hi Attorney, Thank you for the quick clarification. However i need small clarification for the following statement "A variation of Option 1 would be for the LC and I-140 petition to be approved shortly after the end of Mr. Kumar's six years. In this event, he would be able to get three additional years of H1B time if he left the United States at the end of his six years or changed to another nonimmigrant status, such as H-4, in the interim and remained in the U.S." approved shortly - means what is the time period to be precise like 1 month (or) 2 months (or) should be within days? Please let me know. Thanks, RC Link to comment
suryachoudary Posted December 13, 2011 Report Share Posted December 13, 2011 Hi Attorney, Thanks for sharing the article link. It answered many of my queries. I have a question on Option 2: Recapture of H1B Time. I got my H1B Visa on Oct 2nd 2006. How ever I have first entered USA on May 2nd 2007. Can I recapture the 7 months time which I did not use prior to entering the USA? Thanks, Surya Link to comment
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