pridee Posted January 18, 2013 Report Posted January 18, 2013 Hi, My H1B is in its 6th year and expires on Oct,2013(8 months left). I have been offered job by a new employer. If my new employer files for GC, what are my options? 1. How long does Perm ,1-140 take for approval from application? 2. Do I have to go back to India on Oct 30, if perm and I-140 doesn't get approved before Oct,2013? 3. How long before Oct,2013 should perm and I-140 be approved in order to be eligible for H1 extensions for the 7th year? 4. Will I have to go to India if Perm and I-140 is approved before Oct,2013? Please advice.
pontevecchio Posted January 19, 2013 Report Posted January 19, 2013 You are jumping the gun. Are you not? Anyways, In order for you to get H1 extensions assuming the new employer will file an Immigration Petition for you, the I-140 approval is the only factor as you have less than an year. If the company gets PERM approved and I-140 approved by that time using PP if applicable you get 3 year extensions. If the perm is pending you will have to leave in October and subsequently when PERM Pending is more than an year file a H1 and come back as you are entitled to that.
pridee Posted March 25, 2013 Author Report Posted March 25, 2013 Thank you for responding! So if PERM is pending for more than a year do I file a new H1 in the April slot or just extend my current H1?
pontevecchio Posted March 27, 2013 Report Posted March 27, 2013 If PERM is pending more than 365 days you are entitled to H1 extensions.
pridee Posted March 29, 2013 Author Report Posted March 29, 2013 Thanks pontevechhio! Is that true even if I have exhausted all 6 years on my H1B and I've returned to my home country?
pontevecchio Posted March 29, 2013 Report Posted March 29, 2013 That would seem so. As in all important matters make sure to discuss it with a Lawyer.
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