Extension beyond 6 years based on Perm Approval

[pranav1234]

Hi,

 

My 6 years stay in USA will complete by Jan 2016 and my Perm is applied in March 2015 and it is approved.My I140 is not yet applied. 

 

Now problem is, i had to leave to India on an emergency this week. what are my options to come back to USA?

 

Please help me with below questions i have

 

1) If my Employer does not want to apply for I140, can any other employer apply for my extn with recapturing 2 months of my stay in india (Now to next two months) and get me to USA

 

2) Do i need to wait for 1 full year before i come back to USA? if yes, do i need to apply for new H1 under CAP? (out of 6 years, i am on H1 for only 2 years and remaining was L1)

 

Thanks

Pranav

 

 

[jairichi]

1. No employer will be ready to pay for H1B for 2 or 6 months.

2. You need to be outside US for one year after which a cap subject H1B petition has to be filed to get fresh 6 years. 

[rahul412]

 

Now problem is, i had to leave to India on an emergency this week. what are my options to come back to USA?

When are you planning to come back??

 

In order to get your H1 ext beyond 6 yrs, you need I140 approval.

[rara5]

Are you suggesting you won't continue to work for the current employer after your 2-month break? Since your H1B is valid till Jan 2016 you can go and come back on that same visa - as long as you do it before the expiry date and ten apply for an extension (assuming same employer). Highly unlikely if a different employer will transfer H1B and extend for such a short period.

 

H1B years are cumulative, so if you used up only 2 years- If you reapply with a different employer you will be cap exempt. Of course you will only get the remaining 4 years available and not the full 6.