H1B Visa extension after completion of 6 Year

[andyh1]

I have completed my 6 Year of H1B (2006-2012) and came back to India. My Company filed again for my H1B this year but It didn't got pickup in the lottery. If company files for my Greed Card now, will I be eligible for H1B extension once perm/labor approves?

I know that If you are in USA then after completion of 6 year if your perm/labor is approved then one is eligible for extension But in I am in India.

Thanks

[raghvi]

I have completed my 6 Year of H1B (2006-2012) and came back to India. My Company filed again for my H1B this year but It didn't got pickup in the lottery. If company files for my Greed Card now, will I be eligible for H1B extension once perm/labor approves?

I know that If you are in USA then after completion of 6 year if your perm/labor is approved then one is eligible for extension But in I am in India.

Thanks

Have you spent all the 6 Years 2006-2012 being physically present in US?

Even while in US in order to stay beyond 6th Year one has to file extension request based on per/labor BEFORE 6th year completion, not AFTER 6th Year completion. So even if you were in US you would have needed to apply for extension before 6th Year completion.

Now , if all 6 Years of physical prsence are over, in my opinion you would need to wait till next year Cap in order to get an H1 irrespective of the PERM/LABOR status.

This is my opinion not legal advice.

[andyh1]

Have you spent all the 6 Years 2006-2012 being physically present in US?

Yes I have completed full 6 Years physically in the US

Now , if all 6 Years of physical prsence are over, in my opinion you would need to wait till next year Cap in order to get an H1 irrespective of the PERM/LABOR status.

This is my opinion not legal advice.

Thanks for your kind information.