after 6years of H1B

[helpking]

Hi,

Here is my situation.

My H1B Visa stamping was expired on Dec 12th 2014 but I am in USA, and my 6 years staying is going to completing on Jan 17th 2017 " Next year", I don't have I140 Approval notice.

My Employer applied Privileges wages, advertisement for GC, and they are going to filing the Labor on June 2nd 2016.

My Immigration attorney saying that I need to go back to India to recap the number of days at-least for 4.5 months outside of USA. Entire 6years
I only stayed outside of USA just 26days.

My Current 797 will expiring on Jan 17th 2017, they are trying their best now to get I140 approval by Jan 17th 2017 but nothing is there on their hands since every decision will based on DOL for Labor approval "6 to 7Months minimum".

If I get the Labor approval by Nov/Dec17th 2017 then I will be good shape to apply I140 with H1B extension.

But My attorney was saying go back to India to recapture the some more time.

But If I go back to India then I have to go for H1B Visa Stamping since my stamping was expired on Dec 12th 2014, and it is not good to go for stamping with existing I797 approval notice since my I797 approval notice will expired on an 17th 2017, I am sure I will get the query on Hyd USA Embassy.

please suggest me the recommended steps so that I will think and will follow.

I will appreciate your response.

Thanks

[daggit]

You already received valid response from a senior member; why start the exact same thread about Hyderabad embassy over again?

http://www.immihelp.com/forum/showthread.php/203177-Regarding-H1B-extension-after-6years-in-USA?p=455777#post455777

[helpking]

after 6years of H1B

Nope, I haven't received the response, I am looking more information and suggestions. So that I can plan it my self.

[daggit]

This is what raghvi posted on May 12:

"I dont think there are much options apart from waiting. As for recapture, are you saying that in last 6 Years you spent just 26 days outside US?

In order to increase the recapture time, if the employer is willing to keep all terms and contracts as same (pay, leaves insurance etc), it might be a good idea to work outside US for few months, especially in summer vacation to avoid negative affect to children(if any) education.

This is my opinion not legal advice."

[helpking]

after 6years of H1B

Thank you, can I stay till November 1st week until Labor approved so that i can go back to India and my employer also agreed to work from India. This is right way to do or any other valuable suggestions?

[raghvi]

Thank you, can I stay till November 1st week until Labor approved so that i can go back to India and my employer also agreed to work from India. This is right way to do or any other valuable suggestions?

You can stay till your current I797/I94 combination is valid, which, I believe, in your case is till Jan 2017, so dont see any issues in staying till Nov 2016.

This is my opinion not legal advice.