H1B extension on I-140 after completing 6 years

[luck2u]

My 6 years will be completing by end of June'2012 after all recaptured time and PERM is under process which was filed in Nov'2011. So, I'm leaving out of US in June ending.

So, if my PERM got approved after I left US, then if my employer filed I-140 in premium which usually get approved in 2 weeks, then if my employer files H1B on I-140 with proper documentation by showing that I have job in United States, do I get H1B approval though I completed by total 6 years and was out of US?

I heard that to get H1B extension, I need to be in H1B status and then only I'm eligible for applying extension else I need to wait for one year from the date of quiting US and then had to apply new H1B. Can someone pls respond. Thanks in advance!!

[testvisauser]

Once you get the I-140 approved, you can get a 3 yr approval based on that.

If you are in H1B status and in the US at the time, you will be granted Extension of Stay (EOS). If you are not in the US at the time of application of the H1B after I-140 is approved, the attorney should request for a consular notification. On approval, you will receive an I797B which you will need to take to the consulate and get a H1 stamp.

You will need to wait for one year to reset the H1 clock only if you don't apply for the I-140 and plan to come back on H1 again.

[sosu]

My 6 years will be completing by end of June'2012 after all recaptured time and PERM is under process which was filed in Nov'2011. So, I'm leaving out of US in June ending.

So, if my PERM got approved after I left US, then if my employer filed I-140 in premium which usually get approved in 2 weeks, then if my employer files H1B on I-140 with proper documentation by showing that I have job in United States, do I get H1B approval though I completed by total 6 years and was out of US?

I heard that to get H1B extension, I need to be in H1B status and then only I'm eligible for applying extension else I need to wait for one year from the date of quiting US and then had to apply new H1B. Can someone pls respond. Thanks in advance!!

 

Hello luck2u,

I am currently in the the same situation like yours.

So I would like to know how you faced your H1B extension issue staying outside US and with completion of 6 yr limit.

 

Any info from you will be greatly appreciated.

 

Thank you

[luck2u]

@sosu: My PERM got approved two days before my last day in USA on H1B for complete 6 years. I left the country and then applied for I-140 followed by H1B based on I-140. H1B extension was applied with proper client/vendor letters stating that I have a project for a period of 3 years. I got H1B approved for 3 years from USCIS and then attended for visa interview in India, got success.

 

NOTE: When PERM is in process be end of 6 years of H1B period, you are eligible to apply for H1B extension instead of waiting for next April 1st to file H1B under cap count.

 

Hope this info helps!!

 

I can say that I'm lucky that my employer supported me in each and every phase of my immigration hurdle last year even I was out of the country.

[sosu]

Thank you luck2u. Good to hear your success story.

My biggest concern is, can i get H1b extension with I-140, even if there is no single day left in my H1B 6yr period?

[luck2u]

Yes, you can. Even I'm in the same boat last year as you now. As long as you have approved I-140, it doesn't matter whether you are in United States or out of the country or no more period left in initial 6 years of H1B period.

[sosu]

Thanks a ton luck2u.

You saved me from great trouble.

Thank you.

[sosu]

A quick question, was your PERM applied in 6th year?

[luck2u]

Yes, my PERM is filed after I entered into 6th year.

[sosu]

@luck2u

I would like to talk to you more on this issue.

If you dont mind, can you provide me with your contact number at my email **************@yahoo.com

 

Thank you.

[sosu]

@luck2u: please reach me at:

***************

[sosu]

@Moderator

How do I reach the user "luck2u" ?  I need help from the user on my immigration issue. Please let us know how to exchange contact details.

 

Thank you

[luck2u]

@sosu: You can reach me @ **************@gmail.com.