H1 Extension after 6 yrs

[RajKiranvarenya]

Hi,

My H1B is expiring in Nov'13. I'll complete 6 yrs by Nov'13. I was out of US for 6 weeks in these 6 yrs. Can I apply for Visa extension for 6 weeks after Nov'13 to enable labor approval for GC?

Regards,

R

[metroguy]

I think you have already reclaimed your 6 weeks because your H1B is expiring in Nov 13. Generally H1B expires by sept end.. In your last extension USCIS asks you to specify in and out dates in US. By this they will get to know how long you are away from US and then they will reclaim that no. of days in your h1B. The best option is ask your company to file for your GC. If PERM application is pending for 365 days then you will get 1 year extension indefinetely and if I140 is approved, you will get 3 yrs extension. If your company dont file your GC, start looking for another employer you files your GC. All the best

[Attorney_10]

Generally, an individual is allowed to recapture any time spent abroad during his/her initial 6 years of H1B time. The H1B extension petition requesting recapture time must be filed prior to the end of the current H1B petition. In addition, the beneficiary must submit evidence demonstrating s/he was outside the U.S. during the requested recapture time. Evidence may include stamps in one's passport or airline tickets.