H1B Extension in the 6th year + I-140 Approved

[ch_vas]

I have stayed in US for 4 and half years and then left the country for 2 years. At that time my employer started PERM processing for me. After I left the country my I-140 got approved.

I came back in 2011 on B1 and then applied H1B. I got my H1B approved for 1year. I completed that 1 year now.

On the other hand my NEW employer started the PERM process for me and my Labor got approved.

Since my current H1B expired my employer applied for renewal with my old I-140 so that I will get 3yrs on my H1B renewal.

But I got only for 1 year.

My question is when I was away from USA for 2 years and came back, my H1B stay will begin from new or it will be my 5th year stay in US? Should I get 1yr extension on my new H1B or should I get 3yrs since I applied H1B renewal with my old approved I-140?

Please answer my qyestions.

P.S: If this is not clear please let me know and I will try to explain in better way.

[Attorney_10]

Generally, if an H1B employee is outside the U.S. for one year or more, s/he may elect to file the H1B petition for the remaining time left on the initial 6 years or elect to be counted against the numerical H1B cap again. You will need to check the H1B filing to see how the petition was approved. Please schedule a consultation with a qualified immigration attorney to determine how much H1B time you are eligible for and the different options that may be available to you.