H1 - 6 yrs completion

[zzrohit]

Team,

I came first to US in Dec 2, 2012 on H1 and then after until now- I had been back to my home country for vacation multiple times with no change in my employer and still on H1. In short I was away from US for 11 weeks until now.

Having said that, please let me know when shall my 6 yrs of H1 be completed?

is it on Dec 2,2018 or 11 weeks from Dec 2,2018?

There is no GC process initiated for me so far?

Thanks.
Rohit.

[raghvi]

Team,

I came first to US in Dec 2, 2012 on H1 and then after until now- I had been back to my home country for vacation multiple times with no change in my employer and still on H1. In short I was away from US for 11 weeks until now.

Having said that, please let me know when shall my 6 yrs of H1 be completed?

is it on Dec 2,2018 or 11 weeks from Dec 2,2018?

There is no GC process initiated for me so far?

Thanks.
Rohit.

Technically 11 Weeks from Dec 2 2018. But if you do not re capture that period you do not get to claim it. What is your latest I797 expiry date?

This is my opinion not legal advice.

[zzrohit]

Many thanks for instant response.

Latest I797 expiry date is Dec 17,2018 as my client letter mentioned that date only.
What is the process or defining of re-capturing my 11 week period as I had been out of US three different times?
How and when should I claim it?

Also as 11 weeks are pending, even if GC start 7 months from now, I should be in safe hands provided my documents are fine.

In other words, what is mt last hard deadline date to file for GC in order to stay in US for longer period.

[raghvi]

Many thanks for instant response.

Latest I797 expiry date is Dec 17,2018 as my client letter mentioned that date only.
What is the process or defining of re-capturing my 11 week period as I had been out of US three different times?
How and when should I claim it?

Also as 11 weeks are pending, even if GC start 7 months from now, I should be in safe hands provided my documents are fine.

In other words, what is mt last hard deadline date to file for GC in order to stay in US for longer period.

Towards the near of the current I797 Expiry (maximum 6 Months before it, which in your case would be Jul 2018) your employer can file for an extension for those 11 Weeks providing proof of your stay outside US for that period.

I would say keep those 11 Weeks as contingency in case PERM/I140 gets delayed.

Further, in order to get extension beyond the 6 Year limit, wither PERM should be filed 365 days before 6th Year (I would say before Dec 17 2017 - not including the 11 week contingency)
OR
You need to get I140 approved before Dec 17, 2018 (again not including the 11 week contingency).

I would advise not looking at a drop dead date but start the GC process as soon as possible.

This is my opinion not legal advice.

[zzrohit]

Thanks for the detailed reply. How do I re-capture my 11 weeks period. my entry and exit dates in my passport will act as a proof? I do not have any boarding passes all however can fetch the itinerary for sure. will all these work?