Expired i-797 but less than 6 years since last H1 status

[hbhutkar]

Hi,

Need help on expired i-797 but it has been less than 6 years since my last H1 status

Following are my case details

- I-797 (LCA) was approved in November 2011 with an expiry of Sept 2014
- It was possibly revoked from IVP when I left US in August 2013 (not sure)
- I was in US on H1B from March 2012 to August 2013 (~1.5 years)
- i-94 was issued in Mach 2012 valid till Sept 2014

Please help e with the following questions

-Till what date will I be cap-exempt and wont be required to go through lottery system? Will it be since 6 years after my last H1B status (August 2013) or 6 years after my 1st LCA approval (November 2011) or 6 years after my LCA expiry (Sep 2014)
- Can the expired LCA be renewed and transferred to new employer? If yes, what would be the validity? What would be the fees for that?
- If renewed LCA would be valid only till November 2017, by when latest should my perm be approved/ i-140 be filed so that I can stay in the US (and how many years I can stay without approved i-140). In case my perm is pending, can I stay in US till my perm is approved (and for how many years)
- If a new LCA is filed under new employer, what would be the validity? What would be the fees for that?

Thanks !

[raghvi]

Hi,

Need help on expired i-797 but it has been less than 6 years since my last H1 status

Following are my case details

- I-797 (LCA) was approved in November 2011 with an expiry of Sept 2014
- It was possibly revoked from IVP when I left US in August 2013 (not sure)
- I was in US on H1B from March 2012 to August 2013 (~1.5 years)
- i-94 was issued in Mach 2012 valid till Sept 2014

Please help e with the following questions

-Till what date will I be cap-exempt and wont be required to go through lottery system? Will it be since 6 years after my last H1B status (August 2013) or 6 years after my 1st LCA approval (November 2011) or 6 years after my LCA expiry (Sep 2014)
- Can the expired LCA be renewed and transferred to new employer? If yes, what would be the validity? What would be the fees for that?
- If renewed LCA would be valid only till November 2017, by when latest should my perm be approved/ i-140 be filed so that I can stay in the US (and how many years I can stay without approved i-140). In case my perm is pending, can I stay in US till my perm is approved (and for how many years)
- If a new LCA is filed under new employer, what would be the validity? What would be the fees for that?

Thanks !

I797 is not the same as LCA.

-6 Years from last held H1 status.
- LCA's are not transferable. New employer/new location/new role would need a new LCA.No. There is no fee to the employer or worker to file an LCA with the Department of Labor. Yes, H1 amendment/filing cap exempt H1 has a filing fee. Would depend upon regular/premium as well as legal costs as per the law firm.
- Why Nov 2017? If New employer files cap exempt H1 and can show enough work for you they can get H1 till 2019.
- In order to stay beyond 6th year in US, either PERM should be pending for more than 365 days or I140 needs to be approved.

This is my opinion not legal advice.