7th year Extension when stayed more than 1 year Outside US


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I have a question on whether my H1B status can be extended after the current expiration date : September 2014.

My scenario is briefed below:

1) Came to US for the 1st time on Feb 18th,2007 for work on L1B Visa with employer A and I moved back to India on October 24th,2008 and worked in India.


When I left to India on October 2008, I had my L1B Visa extension petition which was valid until June 5th,2010.

Later I got a job position in US on 2010 and came back to US on Jan 26th,2010. with the same VISA status.

I was on L1B visa until September 2012.


2) I changed to H1B status from October 2012 with the same employer and then transferred my H1B to a new employer B on change of job from Feb 2013 and my current H1B  is valid until september 4th,2014.


Considering both L1B and H1B period of stay in US together, my 6 year period ends on September 4th,2014.

(I excluded the vacation days to India while deriving the 6 year period of stay)


My current employer B has started processing GC and the PERM is just filed a week before.

I am aware that If my PERM and later I-140 is approved before September 2014,then my H1B can be extended for another 3 years.


But on the other hand if there is delay (or) denial in the GC processing, Can my H1B status be extended after september 2014 considering the fact that  I stayed more than 365 days outside of US between october 2008 and jan 2010 and the previous stay in US (between Feb 2007 and october 200)is not considered and my fresh 6 years starts from my visit to US from Jan 2010 (or)  my previous stay between Feb 2007 until october 2008 is also included in the 6 year period.


Hope the situation I explained is clear although it is little complex !!


Please advise.

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