H1b extension with recapture! please clarify asap

[vipranara]

Hi l need clarification on possibility of re-capturing the stay period on H1 visa.

I heard H1 - B clock starts freshly when you stay out side US for more than a year period . Is this not applicable if l had travelled with old petition? or it doesn't matter?

During my recent extension , my company failed to claim this and instead claimed only two year term by not mentiong explicitly that l am eligible for stay upto Oct /2016. Here is my details of travel and stay:

From Feb / 2007 till Jul/2009 From Oct / 2010 till Jun / 2012 recent extension up to Jul / 2014 . Now my HR is saying, my H1 Max out date is Jul/ 2014, not until Oct / 2016 .

Kindly clarify if I am eligible for another two year term or not ? Again to claim this should we initiate a new petiton under CAP ? or the same old petition under NON- CAP holds good?

[Attorney_11]

In order to restart the 6 year H1B period an individual must be outside the United States for one full year and then return on a new H1B approved in the new H1B cap. One cannot restart the 6 years of H1B stay by being outside the United States for more than one year and then return on the basis of remainder H1B time.

[vipranara]

Thanks for the quick reply.

Now that I am in US and my visa end date is July 2014, is it ok if my company initiates GC process now with less than 365 days in hand?

Since I heard from friends that an approved PERM BEFORE the last year of visa end date enables one year extensions after the sixth year and approved I-140 enables 3 year extensions. Is this true? And in my case what can I expect?

Thanks in advance.

[ineedgc555]

Yes, any employer can start your GC. Current PERM trend is taking around 180 days.

[vipranara]

My case history is as follows:

I have a 3 year bachelors degree in maths and 2 year masters degree in maths (both regular and direct) from Indian universities. I have 9 years of work experience in India and thereby was sent to US by the same indian company to work here for a client. And here I have 3 years of experience.total experience is 12 years. I currently earn $70k per year. I hold a Senior software professional designation in the US. My last role was of that of a Team Lead back in india.

My visa end date is July 2014. My indian company is going to initiate GC process. My questions are:

1. Am I eligible for EB 2 based on my current salary( i heard from friends that salary between $1,00,000 to $1,50,000 only come under EB2) and work experience? Is there a minimum salary criteria for EB2?

2. With only 9 months in hand, if my PERM gets approved, and then 140 is filed and pending, will I get visa extensions or in other words can I stay in US beyond July 2014 with an approved PERM and pending I 140??

3. If in case iam not ok for EB 2 and my company does EB3, Is it wise to switch to another employer now? OR in what stage from now on can I switch employer?

Please clarify my doubts. I have very short time to decide. Thanks in advance.

[vipranara]

Please reply quickly. I sincerely need help.

[pontevecchio]

EB Classification depends on your qualifications and the job requirements. You should discuss your situation with a Lawyer. You may need an educational evaluation since 3 year Degrees may not be adequate.