Conflicting answers regarding H1 extension after maxing out

[duskfire]

HI,

I read multiple views about H1 extension after maxing out while the labor is still pending. Could someone please clarify my doubts?

I will be maxing out my H1 time in July 2013 and my labor is pending. I don't think I will be able to get my labor approved by then. I read below article and it gave me hopes that I can still get an extension even after maxing out. But I read conflicting answers from attorneys and members regarding getting an extension when labor is pending by the time you max out on your H1. Which one is correct?

1) Can I stay outside the country until I get my labor, I-140, and extension approved and then come back?

2) Or is it the end of my stay in this country and I have to get a new H1 whenever it's possible?

http://www.murthy.co...th-year-of-h1b/

I really appreciate anyone answering my queries. Thanks in advance.

[kalyan_ac]

When was the PERM filed?before the beginning of the 6th year?

You can stay outside and come back once your Perm/I140 are approved by filing for an extension at that point in time.

[duskfire]

When was the PERM filed?before the beginning of the 6th year?

You can stay outside and come back once your Perm/I140 are approved by filing for an extension at that point in time.

It's yet to be filed.

[TDAY2006]

When was the PERM filed?before the beginning of the 6th year?

You can stay outside and come back once your Perm/I140 are approved by filing for an extension at that point in time.

 

I have a similar question. You replied that "You can stay outside and come back once your Perm/I140 are approved by filing for an extension at THAT POINT IN TIME. 

 

Does this mean that after 6 years of H1B end & employee relocates to (for e.g.) company's UK office, he can return with 3 yr extention AS SOON AS I-140 is approved? Or can extention be filed only after spending 1 year outside the US?

 

In my case, my I-140 approval is likely to come 4 months after 6yrs get over (including time recapture). Can my firm apply for H1 extention at that 4 months mark?

 

Note: my PERM was NOT filed within the 365 day rule.

 

Thanks much in advance!

T

[kalyan_ac]

Extension for H1 can be applied immediately after the I140 approval.Once the H1 is approved you will have to go for stamping to re-enter.