Expired H1B but 6 years were not fully utilized. Been out of US for last 3 years..?


praveen76

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I entered US as an F1 student in 2000 and finished Master degree in 2003. worked in US since that time frame till 2010.

I had the H1B from 2004 -2010 ( 6years).

1) First H1b was approved from oct 1 2004- oct 1 2007. got H1B stamping done in Mexico, and left home for vacation couple of times for over 2 months as vacation.

2) changed the employed in 2008. He filed for greencard in 2009 and had Perm labor approved by May 2010.

3) I left US in May 2010 for family reasons, Had the H1B stamping done. it was valid till october 2010. Also i didn't file I-140 for further greencard processing..

I would like to return to US what are my options, as H1b Quota is over for general as well masters categories, i can't apply for new H1B petition until next year..

But I have few questions

1) as i have not fully exhausted 6 years of H1B, can I use the remaining period as extension of H1b outside the context of H1B quota ?

2) is a there a chance that i can use my approved perm labor ?

3) if i am able to use unused previous H1b, it will be give me approximately (7-8 months including vacation time..). is it possible that i can get my New labor approved before my H1b time expires ?

if there is any other options please let me know..

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In response to your questions: 1) Generally yes. 2) No since the I-140 was never filed and approved. 3) Although there is a chance, it is very doubtful. Please keep in mind you are not required to be in the U.S. or working for the sponsor for the sponsor to file a PERM application on your behalf. Therefore you should start the PERM process as early as possible. To discuss these matters in more detail please schedule a consult with one of our many experienced attorneys.

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