Clarification needed on 7th Yr H1 Extension.

[sundareshwarj]

Hi,

I am on H1B visa (6th year). My H1B expires on 28th May 2014. My PERM priority date is 30th September 2013. If my PERM is not approved by May 2014 what are the options for my H1B extension?

1. If I go to India can I apply for I140 after my PERM is approved from India.
2. Can I apply for H1b extension for 3 more years from India. Even after my 6 year term is completey finished?
3. If I have to leave US, when should i leave. My I-94 exipreis on 28th May 2014? It is fine if I leave on 28th May 2014 also?

Thanks for your help.

[raghvi]

Hi,

I am on H1B visa (6th year). My H1B expires on 28th May 2014. My PERM priority date is 30th September 2013. If my PERM is not approved by May 2014 what are the options for my H1B extension?

1. If I go to India can I apply for I140 after my PERM is approved from India.
2. Can I apply for H1b extension for 3 more years from India. Even after my 6 year term is completey finished?
3. If I have to leave US, when should i leave. My I-94 exipreis on 28th May 2014? It is fine if I leave on 28th May 2014 also?

Thanks for your help.

If you wanted to extend stay beyond 6th Year, you have to have PERM pending for more than 365 days OR I140 approved by the 6th Year completion. Neither seem to be a probability now unless you can get PERM and I140 approved in next 3 Months. So unless that happens, you would have to leave or move to another status such as B2/H4/f1 , etc if possible.
1. Yes you can if your employer is willing to.
2. Only after I140 is approved and there is time still remaining in the 6 years H1. If you have exhausted the 6 years, you will have to file a new H1.
3. I suggest you keep few weeks remaining on the H1 rather than exhausting the entire 6 Years.

This is my opinion not legal advice.

[daveh1b]

Clarification needed on 7th Yr H1 Extension.

If you wanted to extend stay beyond 6th Year, you have to have PERM pending for more than 365 days OR I140 approved by the 6th Year completion. Neither seem to be a probability now unless you can get PERM and I140 approved in next 3 Months. So unless that happens, you would have to leave or move to another status such as B2/H4/f1 , etc if possible.
1. Yes you can if your employer is willing to.
2. Only after I140 is approved and there is time still remaining in the 6 years H1. If you have exhausted the 6 years, you will have to file a new H1.
3. I suggest you keep few weeks remaining on the H1 rather than exhausting the entire 6 Years.

This is my opinion not legal advice.

Hi
I was exactly on the same boat as yours and know a good number of friends , who had made the same journey. I totally agree with Raghvi's Opinion as these are the options as you have , and followed the same path. Left US, 3 weeks before the I-94 expiry date. Went to Home country India . Employer continued to process Perm, I-140 , followed by H1b Extension. Once the new H1B extension docs were received(3 yr validity) , then went for visa interview and got the visa.

Also would like to add one more observation , as what generally happens to people in these cases
A> Scenario -1 , (generally unlikely) --- Company puts hands up , and stops any further processing, and you leave the country, You get a new job in home country and then reapply as a fresh H1 (or leave the US story completely) and start afresh
B> Scenario -2 (quite likely) -- You come to home country, enjoy unpaid, extended vacation. Just continue follow up with your company HR/immigration attorneys etc. Once the document gets approved, you travel back and join the job
C> Scenario 3 (somewhat unLikely) -- Similar to scenario 3 , but instead of taking vacation , you work for another company in home country. May be difficult to get a job , because they might know your temporary status , best would be , if you can work for ur US employer , from Home country as WFH/ or some other form.
D> Scenario 4 (quite Likely) -- In the event , your company have a strong presence in your Home country , you join the company in your home country, get the documents processing continue parallel-i , and when the approval is done , you come back and join the same job you left

I know(heard of) people going through one of these 4 ways , in the interim and then came back to US with new Visa, without issues.
Best of Luck and be prepared , and work out the options . (These are my opinions and cannot back with exact data)