Can get 7th yr H1 extension if I am out of USA?

[rajdori]

Hi,

 

My PERM was filed in first week of Jun-13. Waiting for decision.

Six years on H1 expiring on 10-Jan-14. Employer is ready to premium-process I-140.

 

Q-1) What is the process for capturing 52 days for which I was out of USA in last six years? My employer has to file H1 extension? What is typical cost of such application? How much time does it take?

 

Laying out sequence of events, and if some of you let me know if this is technically possible or not.. 

Assuming my Perm is apporved in, say Mar-14.

My employer files I-140 in premium processing and is approved by end of Apr-14.

While I am out of US, my employer files for my H1-B extension, based on I-140 approval.

 

Q-2) As soon as H1 extension is filed, can I return to US?

Q-3) Will such an H1 extension (based on I-140 approval after six yrs completed) be subject to cap?

 

thanks in advance,

Rajul

[rajdori]

any replies please...

[Attorney_22]

Generally, individuals are eligible to recapture any H1B time outside of the U.S. that will bring them to the full-term of a six year period of H1B status within the U.S. This is done through an H1B petition requesting the time remaining on the initial six years of H1B with evidence of when the individual was out of the country.  If however an individual has an approved and valid I-140, recapturing the time may not be necessary since the I-140 enables the individual to request three years of H1B time that is not cap-subject. To discuss this in more detail it is advisable to speak directly to a qualified U.S. immigration attorney.