Expired H1B ext on basis of I-140

[boomjosh2007]

Hi All,

 

I have an approved I-140 and my H1 expires July 2016. I am planning to go back to India for few months but would like to know about H1 extension post expiry based on approved I-140. Can I have my H1 revived and extended on basis of I-140 after it expires in July 2016?

 

Please help me here since my decision to go back is contingent on whether my H1 can be renewed or not post expiry.

 

Thanks

 

[jairichi]

As long as your I-140 is not revoked you can get H1B extensions beyond 6 years.

[boomjosh2007]

Thanks for the response.

For me to get extension I need to file it before my H1 expires or I can file for extension after my H1 expires? Please let me know.

[jairichi]

Thanks for the response.

For me to get extension I need to file it before my H1 expires or I can file for extension after my H1 expires? Please let me know.

Anytime as long as your I-140 is valid.

[boomjosh2007]

Hi Jairichi,

 

Thanks for your response.

If I don't file a extension and when my H1 expires I am in India, can I file for a new H1 which is cap exempt since I have a I-140? 

My company's immigration team says that if my H1 expires without being extended I can still file for a new H1 which will be cap exempt and will be given on the basis of approved I-140.

 

Please let me know if this is correct.

 

Thanks

[jairichi]

Hi Jairichi,

 

Thanks for your response.

If I don't file a extension and when my H1 expires I am in India, can I file for a new H1 which is cap exempt since I have a I-140? 

My company's immigration team says that if my H1 expires without being extended I can still file for a new H1 which will be cap exempt and will be given on the basis of approved I-140.

 

Please let me know if this is correct.

 

Thanks

 

Yes, that is correct.

[boomjosh2007]

Thanks for your response jairichi.