H1 extension beyond 6 years after I-140 approval

[vguruprasath]

Hi,

 

I was back in India in 2013 and my h1 was expired in 2013. I've I-140 approved in 2009. I'm staying in India since April 2013.  I wish to go back to US again. Does this mean, any employer can file for H1 extension with the I-140 approved from previous employer or do I have to reach out to the employer that filed I-140 to get an extension. 

 

Appreciate your help in advance!!!

 

Many Thanks,

vgp

 

 

 

 

[jairichi]

If I-140 is still valid any employer can file a cap exempt H1B petition. Also, if you have not stayed in US for 6 years on H1B then even without approved I-140 a cap exempt H1B petition can be filed.

[vguruprasath]

Thank you very much for the reply. I-140 is still valid and is not revoked by the employer. Is there a web site that i can find employer that would file for h1 extension. Sorry, don't know if I can ask this question.

 

Many Thanks,

Guru

[jairichi]

Thank you very much for the reply. I-140 is still valid and is not revoked by the employer. Is there a web site that i can find employer that would file for h1 extension. Sorry, don't know if I can ask this question.

 

Many Thanks,

Guru

You need to search relevant websites of companies and apply for positions.

[vguruprasath]

Thank you Sir. Appreciate your quick response.

[vguruprasath]

Hi,

I spoke with a consulting company few days ago. They say, h1 extension is applicable only if the employer that filed I-140 applies for extension. Otherwise, even if I-140 is approved, if the h1 is filed through a new employer, new h1 has to be filed, except that this case doesn't go through regular h1 cap.

 

Also, since the new employer has to file for h1 sponsor, he asks for $3800, as file h1 filing fee. is this true?

 

Does  this mean, even if I-140 is approved, does it cost this much for the employer to file h1 extension/sponsor with cap exempt?

 

Thanks,

vgp

[jairichi]

Hi,

I spoke with a consulting company few days ago. They say, h1 extension is applicable only if the employer that filed I-140 applies for extension. Otherwise, even if I-140 is approved, if the h1 is filed through a new employer, new h1 has to be filed, except that this case doesn't go through regular h1 cap.

Also, since the new employer has to file for h1 sponsor, he asks for $3800, as file h1 filing fee. is this true?

Does this mean, even if I-140 is approved, does it cost this much for the employer to file h1 extension/sponsor with cap exempt?

Thanks,

vgp

H1B extension or H1B transfer whatever you call it are new H1B petition that is cap exempt. That employer is clueless & looks like a violator of immigration laws as employer has to pay H1B fee & not you. Stay away from consultancies & look for direct employer who follows the law.

[vguruprasath]

H1B extension or H1B transfer whatever you call it are new H1B petition that is cap exempt. That employer is clueless & looks like a violator of immigration laws as employer has to pay H1B fee & not you. Stay away from consultancies & look for direct employer who follows the law.

Got it. Thank you very much. Appreciate it.

[vguruprasath]

Hello Sir,

 

One Last question. Does Murthy Law firm file for H1 extension after I-140 approval or do I have to go through the employer?. The reason I'm asking, is I do not wish to go through any other attorney, since I know Murthy Law firm is reputed and reliable and has been in the Industry for years, well known in US.

 

One other reason I'm asking is my earlier company filed my GC through Murthy Law firm.

 

Thanks,

vgp

[jairichi]

Hello Sir,

 

One Last question. Does Murthy Law firm file for H1 extension after I-140 approval or do I have to go through the employer?. The reason I'm asking, is I do not wish to go through any other attorney, since I know Murthy Law firm is reputed and reliable and has been in the Industry for years, well known in US.

 

One other reason I'm asking is my earlier company filed my GC through Murthy Law firm.

 

Thanks,

vgp

You need an employer willing to offer your a job and file a H1B petition. That employer can take the help of Murthy law firm, if they want.

[vguruprasath]

Awesome. Thanks very much. I also had a discussion with one of the attorney of Murthy Law Firm to clarify some of the questions that I had. Now, things are clear.

 

Thanks,

vgp

[srinivennela]

Hi - This appeared to be most appropriate forum for me to post this query.

 

My company is requesting to temporarily re-locate to their India entity to support some activity at offshore. So I want to understand on how this temporary re-location to India will impact my overall H1B status as I am currently in my 7th year of H1B.

Here is my current GC process status : I140 approved on EB2 in 2014 with priority date is 2013.

Here is my current H1B Visa status : I am in my 7th year of H1B Visa extension obtained based on approved I140 and is valid until May 2018 & also have H1B Visa stamp in passport valid for same period which I obtained when I visited India.

 

So wanted to understand,  how the H1B Visa situation works, if I temporarily re-located to India to my companies India counterpart. So technically I am still with the same company.

1)      From India – Can I travel back to US anytime before May 2018 as I have H1B approval and Visa stamp in passport, as I am still with my I140 sponsoring employer. (OR) Once I go back to India does my employer again have to file a new H1 Visa for me to return to US. If so will this be CAP Exempt.

2)      From India – Can I travel back to US after May 2018 (i.e after current H1B Visa expiry) when my I140 sponsoring employer is applying H1B petition with USCIS on basis of Approved I140. So in this case will this petition be CAP Exempt..

 

Thanks in advance, please update me on above queries.

SKV