H1b 6th year extension - GC labor approved

[sendhil_83]

Hi,

 

I came to US in 2006 in L1 and applied for H1B in 2008 with another employed and never changed to H1b and went back to India for a year from 2008 April to 2009 June. 

 

My first L1 go expired and so i got new L1 and came back in 2009 June and continued in it until 2012 and in 2012 i applied for H1B using my expired petition that i got in 2008 with another employed and shifted.

And i applied for GC this year with my second employe and got my labor approved.

 

Also my employer filed an extension for my 6th year and i got RFE asking for all the dates i came in and went out of country and pass pages.

 

My company's attorney says that I could have completed 6 years in H1B and thats why i have got RFE. So we need to try different alternatives.

 

Please let me know if thats the case. I was under the assumption that if i spend 1 year outside US the 6 year cap will be reset. So i was thinking next year june my 6 years will be completed.

 

If thats the case please let me know what are my options.

 

 

[jairichi]

Your attorney's assumption is right. Only if the L1 petition that allowed you to enter in June 2009 was filed after you stayed outside US for a year then your clock would have reset.

Your option is if your I-140 is pending for more than a year then your employer could request for extension. Or if I-140 is approved extension could be requested.

[sendhil_83]

Thank you for your response. If I apply I140 now in premium do you know how long it will take and is it a good option to go for ? Please let me know.

[jairichi]

Thank you for your response. If I apply I140 now in premium do you know how long it will take and is it a good option to go for ? Please let me know.

15 calendar days. You need to ask your attorney whether it is a good option for you.