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I-140 approved and 6 years H1B Extension denied

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  • I-140 approved and 6 years H1B Extension denied

    Hi
    I recently got H1B renewal got denied for 6 years extension
    I have my I- 140 approved and Priority date is May 2011
    I am leaving USA soon to India, can I come back to USA from India when my Priority Date becomes current ?
    even if it takes 3 or 4 years
    can some one please help me to find out the answer

  • #2
    Originally posted by knowmevisa View Post
    Hi
    I recently got H1B renewal got denied for 6 years extension
    I have my I- 140 approved and Priority date is May 2011
    I am leaving USA soon to India, can I come back to USA from India when my Priority Date becomes current ?
    even if it takes 3 or 4 years
    can some one please help me to find out the answer
    You can but you would need a valid visa to enter US at that time too.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks for replying
      would also like to know what is the process/is there a way to get visa in that case ?

      Comment


      • #4
        Generally one keeps a few weeks remaining rather than exhausting the entire 6 Years of H1. So as and when the I140 gets approved or PERM is pending for more than a year the "un exhausted H1" can be extended by 3 Years or 1 Year respectively. But if you exhaust the entire 6 Years physical stay period you would have to file a new H1 just like you did initially.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          You can but you would need a valid visa to enter US at that time too.

          This is my opinion not legal advice.
          Hi I am staying in India with my wife, but have approved I-140 in USA
          as per the new H4 Rule, can my wife get EAD ?

          Comment

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