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H1b extension and Green card

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  • H1b extension and Green card

    Here is my overall US stay and as per my calculation my 6 Years going to over in 07/19/2017.My employer is in process to file PERM but earliest on Mar/April. What is the safest option to get extension if my I140 doesn’t approve by 07/19/2017.To avoid any risk is it fine if I leave USA 3 months before and join offshore and once I-140 gets approve then can I file H1B extension?


    Please suggest some of options.

    Visa Type US Entry Date(MM/DD/YYYY) US Exit Dates(MM/DD/YYYY)
    H1B 12/28/2015 Still in USA.Petition approved till 07/19/2017
    H1B 4/14/2013 11/21/2015
    L1B 2/7/2011 4/30/2012
    L1B 3/20/2010 5/22/2010
    L1B 12/7/2008 5/16/2009

  • #2
    Sure, you can leave the US before your 6 yrs. are up, and file for H1 extension if and when the I140 has been approved.
    Just an opinion; Not legal advice.

    Comment


    • #3
      H1b extension and Green card

      Thanks for your reply.If i want to continue over here am i eligible for h1b recapture time outside us.My 6 years stay was not in continuation as i used to work at offshore as well.

      Visa Type US Entry Date(MM/DD/YYYY) US Exit Dates(MM/DD/YYYY)
      H1B 12/28/2015 Still in USA.Petition approved till 07/19/2017
      H1B 4/14/2013 11/21/2015
      L1B 2/7/2011 4/30/2012
      L1B 3/20/2010 5/22/2010
      L1B 12/7/2008 5/16/2009

      Comment


      • #4
        Yes of course any H1B holder can petition for recapture of time spent outside the US.
        Just an opinion; Not legal advice.

        Comment

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