H1 renewal beyond 6 years

[omkara2011]

Hi

1. I came to US on 15th Nov 2005 with employer A, and have been working with the same employer till date.

2. I dont have my green card process initiated, and my current H1 is valid till Sept 2011.

Questions -

i. As per my understanding I'm eligible to request for extension till Nov 2011 ( that's when I complete 6 years from the date I came) also I have been away in India for a month thrice during this duration (so about 3 months) Does this mean I can request for renewal for the same H1 till 15th Feb 2012 ?

ii) Is it possible for me to switch to employer B who's willing to sponsor my H1, to request for an extension for one more year (i.e. - 7th year)

iii) if answer to (ii) is yes, would then be possible to initiate green card process with employer B, if that extension is approved for 7th year on H1?

Please provide some inputs, that'll help me get some clarity.

Thanks !!

[goomail]

I think you can't extend h1 more than 6 years (of actual stay in US, duration outside US can be excluded.). To extend beyond 6 years you should have a green card processing which is pending atleast 1 year on the date when your h1 max out. If not, you need stay out of US for atleast 1 year, then you can get a fresh h1 with 6 years.

[shervin143]

i. As per my understanding I'm eligible to request for extension till Nov 2011 ( that's when I complete 6 years from the date I came) also I have been away in India for a month thrice during this duration (so about 3 months) Does this mean I can request for renewal for the same H1 till 15th Feb 2012 ?
>>> H1B in total is for 6 years. You can keep filing the extension until the 6 year limit is reached. To be eligible for the 7th year extension, your PERM labor should have been filed at least 365 days prior to the 6th year end on H1B. You can recapture the time spent outside U.S by providing proper documents to USCIS like exit/entry records in the passport, flight tickets, boarding passes, copies of I-94s etc. If you the help of a good immigration attorney, then it is definitely possible.

ii) Is it possible for me to switch to employer B who's willing to sponsor my H1, to request for an extension for one more year (i.e. - 7th year)
>>> You are not eligible for the 7th year extension. Your extension will not get approved.

iii) if answer to (ii) is yes, would then be possible to initiate green card process with employer B, if that extension is approved for 7th year on H1?
>>> Read answer 2.

[omkara2011]

H1 renewal beyond 6 years

Thanks for the inputs !

if I have 6 more months on the H1, and I switch to another employer who's willing to start my green card process, is it possible to get I140 approval before my visa expires in Jan 2012... using premium processing option?

Thanks !

[shervin143]

You need the PERM to be approved before you can file I-140. There is no premium for PERM. Nowadays the PERM gets approved in 3-4 months. When approved, you can file I-140 in premium and get the result in 15 days. Based on the I-140, you can file the H1B extension. You sure can give it a try. If the PERM gets delayed, then you won't be able to renew the H1B beyond the 6th year.

Thanks for the inputs !

if I have 6 more months on the H1, and I switch to another employer who's willing to start my green card process, is it possible to get I140 approval before my visa expires in Jan 2012... using premium processing option?

Thanks !