Globalcitizen15 Posted March 13, 2015 Report Share Posted March 13, 2015 Hi All, I need some inputs on this as it seems these questions are not covered in any threads I looked at so far. My 6years on H1b were getting completed by Feb 15 2015. My Perm was filed on May 15, 2014. I moved to Canada at the end of Nov 2014 as Perm decision was pending and its still pending. Questions: 1. Can I file 7th year H1 extension based on the 365 day rule and how soon? If yes and I get H1 Extn approval and return to US: a) If my Perm decision comes as denied: Will I have to leave US immediately or I can stay till the validity of 7th year H1 Extn? b) Can I get H1 transferred to new Employer and file a new Perm with new employer? 2. Can the 7th year H1 transfer/Extn be done by a New employer now itself based on the perm filed by my current employer & pending? 3. If H1 Extn itself is denied and later PERM denied too: What options do I have to enter & work in US? Appreciate the help from the group. Thanks! Link to comment
Globalcitizen15 Posted March 16, 2015 Author Report Share Posted March 16, 2015 Hi, Does anyone have any idea on these? Thanks! Link to comment
ashuneel Posted March 25, 2015 Report Share Posted March 25, 2015 1. You Can file 7th year H1 extension based on the 365 day rule after May 15 2015. If yes and I get H1 Extn approval and return to US: a) If your Perm decision comes as denied: You can stay till the validity of 7th year H1 Extn. b) You Can get H1 transferred to new Employer and file a new Perm with new employer. 2. the 7th year H1 transfer/Extn cannot be done by a New employer now itself based on the perm filed by my current employer & pending until may 15 2015. 3. If H1 Extn itself is denied and later PERM denied too you have to file cap exempt petition ( to use remaing time out of 6 years) to enter & work in US. Link to comment
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