H1b Extension beyond 7 years while in India and i-140 is pending

[Paskhan]

Hi There,

My 6 years of H1 was expired on Sep 15th, 2014, i left the country on Sep 13th, 2014 and my employer filled h1 extension on Sep 16th, 2014 based on PREM LCA approval(Approval Date was Sep 15, 2014) H1b extension was approved in Nov 20, 2014. my employer filled i140 in December 2014. i am still in India, Couple of question here.

1. My current i-94 expired today, can he(employer) still file the h1b extension based on LCA approved? If yes, what is the maximum grace period? can i get 2 years extension?

2. If h1 didn't get approve or got delay can i apply for Fresh H1 in 2016? because i am out of the country since one year.

3. i haven't receive i140 receipt number from my employer, how to get that?

Thanks

[raghvi]

Hi There,

My 6 years of H1 was expired on Sep 15th, 2014, i left the country on Sep 13th, 2014 and my employer filled h1 extension on Sep 16th, 2014 based on PREM LCA approval(Approval Date was Sep 15, 2014) H1b extension was approved in Nov 20, 2014. my employer filled i140 in December 2014. i am still in India, Couple of question here.

1. My current i-94 expired today, can he(employer) still file the h1b extension based on LCA approved? If yes, what is the maximum grace period? can i get 2 years extension?

2. If h1 didn't get approve or got delay can i apply for Fresh H1 in 2016? because i am out of the country since one year.

3. i haven't receive i140 receipt number from my employer, how to get that?

Thanks

1. Which I-94? Ones I-94, while outside US, does not hold any meaning. If your PERM has been approved but I140 pending , you need to await I140 approval before requesting the H1 extension for an old petition.
2. Yes.
3. Only your employer can give it to you.

This is my opinion not legal advice.