Question about stay after completing 6 years on H1-B

[sandeep_jha]

Hi,

My 6 years of stay in US will be completing on Oct 22nd 2008.
My current H1-B petition is valid until April 2009.

My lawyer has applied my Labor (PERM) couple of week back and have told me that as my I-140 will be not approved by October so I will have to leave the country before Oct 22nd 2008.

Scenario 1: I leave US by September 2008 and my I-140 is approved by March 2009 (before my current petition expires). So can I come back to US and apply for my Extension based on I-140 approval. If no then what are the options available for me to come back to US.

Scenario 2: I leave US by Sep 2008 and my I-140 is approved after April 2009. What are the options available with me to come back to US.

TIA.

[DMX17]

Hi,

My 6 years of stay in US will be completing on Oct 22nd 2008.
My current H1-B petition is valid until April 2009.

Did you get the H-1B petition valid until April 2009 in error by USCIS? If so, you should not enter after Oct 22nd using this erroneously approved petition.

You have till Oct 22nd to get the I-140 approved which is not likely to happen.

http://www.immihelp.com/forum/showthread.php?t=41128

http://www.immihelp.com/forum/showthread.php?t=41218

[sandeep_jha]

Did you get the H-1B petition valid until April 2009 in error by USCIS? If so, you should not enter after Oct 22nd using this erroneously approved petition.

Thanks DMX17 for your response.

I don't think that it was an error, your petition expiration and your 6 year expiration are independent. You just have to ensure that you are not staying in US after your 6 Years are complete. I have had my H1 visa since August 2001 (6 Years and 8 Months) and out of this I was in US for only for 5 Years and 6 Months and I still have 6 month left.

Anyways, my question is what are my options of coming back to US after my I-140 is approved which will only happen after Oct 2008.

Can I apply for an extension while I'm in India (most likely not).
Other option I'm thinking is that I will leave US by August 30th and will still have 1.5 months left of my 6 Years of stay and if my I-140 is approved before April 2009, then I can come back and apply for extension, only problem with this is what if my I-140 is not approved before April 2009.