H1B extension beyond 6 years


vimalraj

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Dear all

I was in US for 6 years on H1B from 2007 to 2013. On the 6th year on my H1B my employer could not apply for PERM and eventually tried O1 visa which got rejected. I am currently in India and will be out of the US for 365 days by september 2014.

My employer has applied for PERM now. Provided the PERM and subsequent I140 is approved within the next few months, what will be the process to get new H1B?

Will I have to stay 365 days outside USA to file a H1B extension even with an approved PERM and I140?

Kindly provide your valuable suggestions. Thanks

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Dear all

I was in US for 6 years on H1B from 2007 to 2013. On the 6th year on my H1B my employer could not apply for PERM and eventually tried O1 visa which got rejected. I am currently in India and will be out of the US for 365 days by september 2014.

My employer has applied for PERM now. Provided the PERM and subsequent I140 is approved within the next few months, what will be the process to get new H1B?

Will I have to stay 365 days outside USA to file a H1B extension even with an approved PERM and I140?

Kindly provide your valuable suggestions. Thanks

If you have any days to recapture then employer can file a cap exempt H1B petition and get 3 year extension based on approved I-140. No need to wait for 365 days.

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Thank you for your reply. I dont have any days left in initial H1B as its been recaptured already. But as I work in medical profession, I don't have a cap on H1B. So once I-140 is approved, if I understand correctly my employer should be able to apply for the 3 year extension? Thank you

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Thank you for your reply. I dont have any days left in initial H1B as its been recaptured already. But as I work in medical profession, I don't have a cap on H1B. So once I-140 is approved, if I understand correctly my employer should be able to apply for the 3 year extension? Thank you

Yes.

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Thank you for your reply. I have another question.once I spent 365 days outside USA ( which will be on sept 2014) and by that time if PERM is not approved ( which is likely with current processing times) can a new H1B be initiated for a 6 year cycle. PERM was applied only on March 2014 and with a pending PERM can a new H1 be initiated? Appreciate your response. Thank you

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Thank you for your reply. I have another question.once I spent 365 days outside USA ( which will be on sept 2014) and by that time if PERM is not approved ( which is likely with current processing times) can a new H1B be initiated for a 6 year cycle. PERM was applied only on March 2014 and with a pending PERM can a new H1 be initiated? Appreciate your response. Thank you

Sept 2014 the quota will be long over. A new petition to get 6 years can be filed only in April 2015. But, if PERM is pending for more than a year in March 2015 employer can file for a year extension.

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Thank you for your reply. I have another question.once I spent 365 days outside USA ( which will be on sept 2014) and by that time if PERM is not approved ( which is likely with current processing times) can a new H1B be initiated for a 6 year cycle. PERM was applied only on March 2014 and with a pending PERM can a new H1 be initiated? Appreciate your response. Thank you

The employer could file a fresh H1 in April 2015 with a start date of Oct. 1., 2015.

The H1 allows immigration intent.

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