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I140 and 6 year limit confusion

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  • I140 and 6 year limit confusion

    Hi All,

    Currently I have a situation where in my 6 year limit on L1 and H1b stay will reach in Dec 2014 and I have my H1 valid till Decmber.
    My PERM is currently being filled and It looks like I have no chances of this getting approved and I-140 cleared with in Dec 2014.
    Can you please tell me what are the options I have , as well please guide me if below approach can help me.

    Approch1:-

    • Work on current H1 till Nov 2014 and move out of the country . This ensures I would still have one month left on my H1 to reach 6 year limit.
    • And wait till PERM and I140 clears. Let’s assume if this gets cleared by March 2015 , At this point can I apply for extension of my H1 which has one month left but which would have expired in Dec 2014 itself for 3 years renewal as I have my PERM and I140 approved .
    • Or should I apply for fresh H1 with regular Cap and wait till October 2015 to come back to USA if my H1 approves as part of regular processing.



    Sent from my iPhone

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