H1B after I140 approval from outside of India


pradeep06

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My H1B 6 year max out is Aug 31 2014. PD 4/25/2014. Employer is willing to relocate me to their office outside US till my I140 is approved. My questions are:

 

1) When my I140 is approved, will my NEW H1B petition be cap exempt?

2) Can I stay till the last day of H1 (31st Aug) or should I have some recapture time left?

 

Thanks,

Pradeep

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My H1B 6 year max out is Aug 31 2014. PD 4/25/2014. Employer is willing to relocate me to their office outside US till my I140 is approved. My questions are:

 

1) When my I140 is approved, will my NEW H1B petition be cap exempt?

2) Can I stay till the last day of H1 (31st Aug) or should I have some recapture time left?

 

Thanks,

Pradeep

1. Yes.

2. You need to have some time to recapture.

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  • 2 weeks later...

I suggest you leave by Aug 31.  Its not cost effective to recapture the time via filing H1 extension, unless you have a substantial amount of recapture time left.  Plus, any H1 extension will have to filed in premium to get the approval before the recapture time limit expires.  For e.g., if you have 1 month of recapture time left, the H1 approval has to come before Sept 30 (1 month from Aug 31).  

 

Thus, in your case, it makes sense to only go ahead with recapture if you have around one year of recapture time left.  It will take around 8 months to get your PERM approved, So thats Dec 25, 2014.  then around 2-3 months to get the I-140 prepared and filed and then H1 application preparation and filing and approval.

 

Assuming you do not recapture time, After I-140 approval, you can get H1 approved for 3 years and any recapture time pending will get "folded" into the 3 years.  For eg. if you have 1 month of recapture time left, your H1 will not be valid for 3 years + 1 month.

 

I am going thru the same situation as you.  Currently waiting for I-140 approval.  then its H1 application, approval and stamping.  

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