H1B 7th yr extension with I-140 approved, H1B expired & outside US past 1 yr 2 months

[raminiyadav]

Hi,

I have approved Labor and I-140 with priority date of Sep 2010 (labor filed prior to 365 days of completion of 6 years). My 6 years of H1B expired in Dec 2011. So I came back to India in Dec 2011. Living in India since then, so almost 1 years 3 months since I left United states.

That means I have stayed outside US for 1 year or 365 days, after 6 years of H1B. As you know, technically right now I am not on H1B status.

Now if I have to go back to USA,

1. With the same employer, can I apply for 7th year extension using approved I-140?

2. Since I am out of USA after H1B expiry for more than a year, will the 7th year be termed as extension or new H1B?

(or)

3. Will I have to apply for a new H1B under 65000 and 20,000 Quota? (By the way I have Masters from USA)

4. If I have to change my employer, what are my options?

I would really appreciate if someone could please answer my questions. It's urgent, hope you understand.

Thanks,

Ramini Yadav

[Attorney_11]

An individual may request and receive an extension beyond the six years in H-1B status in a three year increment if they are the beneficiary of an approved I-140 in a backlogged category, even if the I-140 was filed by a different employer than the one filing the H-1B petition. The petition for the extension beyond six years will not be subject to the H1B cap, assuming the beneficiary was previously counted against the cap. It may be helpful to discuss this matter with a qualified immigration attorney to discuss personalized options.