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H1B extension WITHIN 6yrs

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  • H1B extension WITHIN 6yrs

    Hello,
    As of now my totally 6year(if I reduce 1 yrs 7months stay in India) would be valid until Dec 2010.
    Right now, my current H1 is valid till 05July2009.
    Should we file extension with/Without I140/Without I140) (I just got I140approved, which is the better approach?
    anyways I should get till Dec2010 without I140 and can we use i140 later to get
    another 3yr extension which would be till 2013.
    Also do I need to file before 6months of expiration?
    Appreciate your quick answers.
    Nyc_dude

  • #2
    As of now my totally 6year(if I reduce 1 yrs 7months stay in India) would be valid until Dec 2010.
    Right now, my current H1 is valid till 05July2009.
    Should we file extension with/Without I140/Without I140) (I just got I140approved, which is the better approach?
    anyways I should get till Dec2010 without I140 and can we use i140 later to get
    another 3yr extension which would be till 2013.
    Also do I need to file before 6months of expiration?
    Appreciate your quick answers.

    ---- What do you mean filinig without I-140. Don't think USCIS is not aware of your case history and all the approvals. If you are just enquirinf to find out if you can do such things, remember you cannot hide or lie anything with USCIS and other immigration officials. The whole thing will work against you.

    ---- Use the approvals properly and apply for the right approvals at the right time and stay within the rules and laws

    Subramanya

    Comment


    • #3
      The difference is if you include an approved I140 in the extension request, you can get a 3 year extension (The max allowed for any H1b extension at one time).

      If you don't go with the approved I140 and request just a recapture of time spent, your extension will be for the remainder period only out of the 6 years allowed.

      I am not even sure why you want to do that or what the point is?

      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


      • #4
        Well, txh1b,
        The only reason, I was thinking was, to have more numbers of years, since I can recapture, 6years till 2010, and then before six years hit, I can go for another 3more years(with I140). What do you say?

        Thanks
        Nyc_dude.

        txh1b txh1b is offline
        Senior Member

        Join Date: Apr 2008
        Location: Alien from Mars
        Posts: 6,844
        Default
        The difference is if you include an approved I140 in the extension request, you can get a 3 year extension (The max allowed for any H1b extension at one time).

        If you don't go with the approved I140 and request just a recapture of time spent, your extension will be for the remainder period only out of the 6 years allowed.

        I am not even sure why you want to do that or what the point is?

        Comment


        • #5
          You will have 3 years at the most at any time. I am not sure I get your point. It does not matter at the point as 3 years is better than the period left from the H1b.

          In the past USCIS would first renew H1b only till the period left from the 6 years and one had to refile an extension for the 3 years or 1 year after the 6th year involving lawyer fee and costs unnecessarily. Now, it has changed for the better.

          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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