Ganesh24 Posted February 1, 2014 Report Share Posted February 1, 2014 I have question on number days stay using my H1-B & options to extend it. Period of stay- 2009 to 2011 (New H1-B Petition - stay 30 months)- 1 + year of break- 2013 to current (H1-B Cap exempt -stay 17 months.Total 30 + 17 = 47 months including CAP New ,exempt petition )Questiona) Would like to know the 6 years with the H1-B ,does it include only number of days i have stayed in USA with the same peition ? If above is based on number of days i have stayed here then i have spent around 47 months , does it mean i can stay only for 25 months ? (72 month - 47 month )b) I’m planning to change my employer, who will initiate GC process under EB3 after a year. Under EB3 generally how long does it take for getting I-140 Approved. As I would be having only around 12 months then , wanted to know this & can demand new new employer so that i can conitnue to stay. Link to comment
jairichi Posted February 2, 2014 Report Share Posted February 2, 2014 I have question on number days stay using my H1-B & options to extend it. Period of stay - 2009 to 2011 (New H1-B Petition - stay 30 months) - 1 + year of break - 2013 to current (H1-B Cap exempt -stay 17 months.Total 30 + 17 = 47 months including CAP New ,exempt petition ) Question a) Would like to know the 6 years with the H1-B ,does it include only number of days i have stayed in USA with the same peition ? If above is based on number of days i have stayed here then i have spent around 47 months , does it mean i can stay only for 25 months ? (72 month - 47 month ) b) I’m planning to change my employer, who will initiate GC process under EB3 after a year. Under EB3 generally how long does it take for getting I-140 Approved. As I would be having only around 12 months then , wanted to know this & can demand new new employer so that i can conitnue to stay. a. That is correct. b. Within a year after PERM approval. But, based on PERM pending for more than 365 days or approved employer could file for 1 year extensions. Link to comment
pontevecchio Posted February 2, 2014 Report Share Posted February 2, 2014 1. It only includes stay in the USA in H1 status irrespective of the number of petition changes. You have 25 months of non cap H1 available. 2. about 11 years as of now after getting the I-140 approved. You can get H1 extensions beyond the 6 years based on PERM OR I-140 pending 365 days or approved I-140 till the dates are current for you. Link to comment
t75 Posted February 2, 2014 Report Share Posted February 2, 2014 I have question on number days stay using my H1-B & options to extend it. Period of stay - 2009 to 2011 (New H1-B Petition - stay 30 months) - 1 + year of break - 2013 to current (H1-B Cap exempt -stay 17 months.Total 30 + 17 = 47 months including CAP New ,exempt petition ) Question a) Would like to know the 6 years with the H1-B ,does it include only number of days i have stayed in USA with the same peition ? If above is based on number of days i have stayed here then i have spent around 47 months , does it mean i can stay only for 25 months ? (72 month - 47 month ) b) I’m planning to change my employer, who will initiate GC process under EB3 after a year. Under EB3 generally how long does it take for getting I-140 Approved. As I would be having only around 12 months then , wanted to know this & can demand new new employer so that i can conitnue to stay. You are in no position to demand anything. Link to comment
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