Hi,
Below is my situation.
My employer is processing my GC and the labor is not yet filed. My 6 year H1B term ends
in Aug 2015, but I am transferred to Canada so that I could be outside US for 1 year, and
also return back to US once my I140 is approved. I have still 5 months left on my current
H1, but my employer wants to cancel my H1 so that they can recapture the 5 months time
without going through the lottery system once the I140 is approved, and then request for
a 3 year extension. So I would like to know:
1. Does the H1B needs to be cancelled, to be able to recapture the left over time?
2. If I140 is approved, will I be CAP Exempt, and would not need to go through the
lottery system?
3. If we can recapture the 5 months as mentioned by my employer, will they be able to
file for a 3 year extension without going through the lottery system after the I140
approval?
I would appreciate your help and guidance.
Thanks in advance.
Below is my situation.
My employer is processing my GC and the labor is not yet filed. My 6 year H1B term ends
in Aug 2015, but I am transferred to Canada so that I could be outside US for 1 year, and
also return back to US once my I140 is approved. I have still 5 months left on my current
H1, but my employer wants to cancel my H1 so that they can recapture the 5 months time
without going through the lottery system once the I140 is approved, and then request for
a 3 year extension. So I would like to know:
1. Does the H1B needs to be cancelled, to be able to recapture the left over time?
2. If I140 is approved, will I be CAP Exempt, and would not need to go through the
lottery system?
3. If we can recapture the 5 months as mentioned by my employer, will they be able to
file for a 3 year extension without going through the lottery system after the I140
approval?
I would appreciate your help and guidance.
Thanks in advance.
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