How can I come back to USA if labor is approved and there is no more time on H1B

[ravi_katyal]

My I-797 will expire in Sep 2014. There is no more time left. I have taken all the six years. My company will start my GC Process in next 2-3 months and they may file my labor(PERM) sometimes in May 2014. I will have to leave USA in Sep 2014. How can I come back to USA if there is no more time left on H1B ? is it possible to file I-140 and get extension while you are out of USA ?

[raghvi]

My I-797 will expire in Sep 2014. There is no more time left. I have taken all the six years. My company will start my GC Process in next 2-3 months and they may file my labor(PERM) sometimes in May 2014. I will have to leave USA in Sep 2014. How can I come back to USA if there is no more time left on H1B ? is it possible to file I-140 and get extension while you are out of USA ?

This is exactly why its always wise to keep few months of H1 remaining rather than letting entire 6 Years exhaust, also, one try as much as possible to get GC filed as early as possible.

For one to stay beyond the 6 Years on H1 Either the Labor has to be pending for more than 365 days at the time of 6th Year completion (this allows you to seek extension of H1 by 1 year) OR I140 is approved .

Assuming your are EB3/EB2 it is very unlikely that you will meet either of those conditions. As your labor will be filed only in May 2014, in Sep 2014 you wouldn't have completed 365 days and very very less chance of I140 approval coming by Sep 2014.

If you cant move to H4 or F1 or some other visa then you will have to leave US.

Now, if your employer is filing labor in May 2014, advisable to leave US somewhere in July 2014 (to save 2 Months on the 6 Year completion). And subsequently in May 2015 go for renewed H1 stamping seeking extension of the 2 Month remaining H1 based on Perm Pending for 365 days. In this scenario you will get 1 Year H1.

If you dont leave in July 2014 but leave in Sep 2014 and dont have any remaining time on H1 you will have to wait for 1 Year outside stay.

read more details at : https://www.immihelp.com/h1-visa-ext...-years-in-usa/

This is my opinion not legal advice.

[ravi_katyal]

Suppose I leave USA in Sep 2014 and my labor(PERM) is approved in Nov-Dec 2014 and also I-140 got approved in premium processing sometimes in Jan 2015 then Can I get 3 year extension ?

[raghvi]

Suppose I leave USA in Sep 2014 and my labor(PERM) is approved in Nov-Dec 2014 and also I-140 got approved in premium processing sometimes in Jan 2015 then Can I get 3 year extension ?

Which visa are you going to extend ? You cant extend the old H1 as the 6 Year limit would have got exhausted in Sep 2014. Thats the reason I suggested to keep a few months remaining on it.

As for Filing Labor in May 2014 and getting I140 approved by Jan 2015, it appears to be slightly ambitious.

This is my opinion not legal advice.

[raghvi]

You might also want to read question/responses in this thread : http://www.immihelp.com/forum/showth...642#post315642