I140 Approved and Need to Stay in India for an Year


rajk99

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Hi,

 

Currently MY i140 is approved and I have not applied for my H1 extension based on my I 140 however I need to go back to India for an Year. Currently my Visa is valid until May 2014 ( Extension based on Labour ). Following are my questions

 

1) Will I be able to apply for  H1 extension being in India or will I need to file a New H1 petetion since I am not in country?

 

Could some please help me with above question

 

Thanks

Raj

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Hi,

 

Currently MY i140 is approved and I have not applied for my H1 extension based on my I 140 however I need to go back to India for an Year. Currently my Visa is valid until May 2014 ( Extension based on Labour ). Following are my questions

 

1) Will I be able to apply for  H1 extension being in India or will I need to file a New H1 petetion since I am not in country?

 

Could some please help me with above question

 

Thanks

Raj

Based on your approved I-140 an employer can file for H1B and no need to file as cap subject petition.

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  • 3 weeks later...

MY employer has filed I-140/EB2 while I am working in India. I have completed 6 years on my H1-B in Nov 2012. I have just 12 days left in my I-94. Please suggest what are my chances to get I-140 approved and will I still get extension on my existing H1 or should I ask my company to file my fresh H1?

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MY employer has filed I-140/EB2 while I am working in India. I have completed 6 years on my H1-B in Nov 2012. I have just 12 days left in my I-94. Please suggest what are my chances to get I-140 approved and will I still get extension on my existing H1 or should I ask my company to file my fresh H1?

No one can predict chances of your I-140 approval. You could ask employer to file a cap subject petition this year to be on safer side, just in case I-140 gets denied.

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