6 years getting over on H1B...can new H1 be filed in coming Apr

[srv_h]

Hello,

 

I will be completing 6 years on H1B by Nov 2013. I will be travelling out of US then.

 

My employer filed for my PERM in Aug. Since my H1 will be over, before I get a response on PERM, I am assuming that this H1 can't be used to re-enter, even if my I-140 is approved (after I leave the country).

 

Can my employer file for a new H1 in Apr next year, since the H1 is applicable from Oct next year.

 

Since I will be out of country starting this Nov, can a petition be filed in Apr and then I can start in next Nov, if approved.

 

I appreciate any guidance.

 

Thanks.

 

[csrkk]

Even if you leave the country and you complete your 6 year H-1B, you can file H-1B extension for a period of 3 years based on I-140 approval. Get stamped and enter US.

[JoeF]

Hello,

 

I will be completing 6 years on H1B by Nov 2013. I will be travelling out of US then.

 

My employer filed for my PERM in Aug. Since my H1 will be over, before I get a response on PERM, I am assuming that this H1 can't be used to re-enter, even if my I-140 is approved (after I leave the country).

 

Can my employer file for a new H1 in Apr next year, since the H1 is applicable from Oct next year.

 

Since I will be out of country starting this Nov, can a petition be filed in Apr and then I can start in next Nov, if approved.

 

I appreciate any guidance.

 

Thanks.

You would have to be outside the US for one year before a new H1 can be FILED.

 

If PERM or I-140 get approved during that time abroad, then an extension can be filed.