Regarding H1B extension after 6years in USA

[helpking]

Hi,

Here is my situation.

My H1B Visa stamping was expired on Dec 12th 2014 but I am in USA, and my 6 years staying is going to completing on Jan 17th 2017 " Next year", I don't have I140 Approval notice.

My Employer applied Privileges wages, advertisement for GC, and they are going to filing the Labor on June 2nd 2016.

My Immigration attorney saying that I need to go back to India to recap the number of days at-least for 4.5 months outside of USA. I only stayed outside of USA just 26days.

My Current 797 will expiring on Jan 17th 2017, they are trying their best now to get I140 approval by Jan 17th 2017 but nothing is there on their hands since every decision will based on DOL for Labor approval "6 to 7Months minimum".

If I get the Labor approval by Nov/Dec17th 2017 then I will be good shape to apply I140 with H1B extension.

But My attorney was saying go back to India to recapture the some more time.

But If I go back to India then I have to go for H1B Visa Stamping since my stamping was expired on Dec 12th 2014, and it is not good to go for stamping with existing I797 approval notice since my I797 approval notice will expired on an 17th 2017, I am sure I will get the query on Hyd USA Embassy.

please suggest me the recommended steps so that I will think and will follow.

I will appreciate your response.

Thanks

[raghvi]

Hi,

Here is my situation.

My H1B Visa stamping was expired on Dec 12th 2014 but I am in USA, and my 6 years staying is going to completing on Jan 17th 2017 " Next year", I don't have I140 Approval notice.

My Employer applied Privileges wages, advertisement for GC, and they are going to filing the Labor on June 2nd 2016.

My Immigration attorney saying that I need to go back to India to recap the number of days at-least for 4.5 months outside of USA. I only stayed outside of USA just 26days.

My Current 797 will expiring on Jan 17th 2017, they are trying their best now to get I140 approval by Jan 17th 2017 but nothing is there on their hands since every decision will based on DOL for Labor approval "6 to 7Months minimum".

If I get the Labor approval by Nov/Dec17th 2017 then I will be good shape to apply I140 with H1B extension.

But My attorney was saying go back to India to recapture the some more time.

But If I go back to India then I have to go for H1B Visa Stamping since my stamping was expired on Dec 12th 2014, and it is not good to go for stamping with existing I797 approval notice since my I797 approval notice will expired on an 17th 2017, I am sure I will get the query on Hyd USA Embassy.

please suggest me the recommended steps so that I will think and will follow.

I will appreciate your response.

Thanks

I dont think there are much options apart from waiting. As for recapture, are you saying that in last 6 Years you spent just 26 days outside US?

In order to increase the recapture time, if the employer is willing to keep all terms and contracts as same (pay, leaves insurance etc), it might be a good idea to work outside US for few months, especially in summer vacation to avoid negative affect to children(if any) education.

This is my opinion not legal advice.

[helpking]

Regarding H1B extension after 6years in USA

Yes , I can only 26days recapture but my concern here is with Visa Stamping if I go back to India, I don't have valid visa stamping, I
may run into queries since my current H1 797 will expired on Jan 17th 2017, I thinking only waiting is the option, by November if my labor not approved then I will leave the country because in any case I need to leave the country to get the H1B extension after I140 approval, can I know what is your thoughts? Is my thoughts and planning is right?

[helpking]

Regarding H1B extension after 6years in USA

@Raghvi, please respond for question. Anyone can share your thoughts.