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Is it ok to file LC just 4 months before the H1B Expiration date?

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  • Is it ok to file LC just 4 months before the H1B Expiration date?

    My second H1B expires on July 2009. My present comany's LC got rejected. I got job offer which will start Feb 2009. Is it OK if I start my LC on Feb 2009 (just 4 months before my H1B expiration date). Do I have to keep it approved before July 2009? Please anyone advise.

  • #2
    Is it ok? Yes

    Will that get you an extension beyond 6 years. No, not unless your I140 is approved.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Another Question

      Thanks txh1b!

      This is my understanding.

      1) I have to have LC and I-140 approved to get my H1b extension betond 6 years.
      2) If I don't have my I-140 approved or work in process, I cannot legally stay beyond my H1B expiration date. So, I have to go back to my home country.
      3) Once my I-140 is approved, I can come back

      Am I right?

      Can you please answer these questions also.

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      • #4
        You got it right. People generally do not exhaust their H1b completely and leave with a month or two left from the 6 year term. After the I140 approval, they recapture this period along with an extension for the H1b for 3 years and enter on that. Look into if you qualify for I140 premium processing.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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