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H1B extension after 6 years. Labor Certification cannot be filed because of firing.
Hi All,
I am in probably a unique complicated situation with my H1B extension after 6 years like many others. Here is my case.
My company was supposed to file my Labor Certification (PERM process) by Jan 9th 2016 (this date is the last date by which my company is supposed to file the LC, 365 days before the 6 year limit of H1B) for green card so that I can keep renewing my H1B after the 6 year limit. Because of the recent firing in my company, the lawyer said that they can only file the LC during the month of March 2016 else it will get rejected. This means that I cannot stay in the USA after 6 years. I have to go India stay for a year and then I get a chance to come back.
But I read from the internet that the period of 6 years will only be calculated based on the physical presence inside USA. Time spent outside of US can be recaptured. So my question is that if I take a vacation to India now for the number of days between Jan 9th 2016 and March 2016 during my H1B period, get my stamping done in India and comeback to the US, can I buy or recapture that time. If what I am thinking is correct, then I don't have the issues of going back to India for 1 year. The LC can be filed by March 2016 as the lawyer says and I can get H1B extensions.
Please help me.
Thanks in Advance.
I am in probably a unique complicated situation with my H1B extension after 6 years like many others. Here is my case.
My company was supposed to file my Labor Certification (PERM process) by Jan 9th 2016 (this date is the last date by which my company is supposed to file the LC, 365 days before the 6 year limit of H1B) for green card so that I can keep renewing my H1B after the 6 year limit. Because of the recent firing in my company, the lawyer said that they can only file the LC during the month of March 2016 else it will get rejected. This means that I cannot stay in the USA after 6 years. I have to go India stay for a year and then I get a chance to come back.
But I read from the internet that the period of 6 years will only be calculated based on the physical presence inside USA. Time spent outside of US can be recaptured. So my question is that if I take a vacation to India now for the number of days between Jan 9th 2016 and March 2016 during my H1B period, get my stamping done in India and comeback to the US, can I buy or recapture that time. If what I am thinking is correct, then I don't have the issues of going back to India for 1 year. The LC can be filed by March 2016 as the lawyer says and I can get H1B extensions.
Please help me.
Thanks in Advance.
