Tweet
Hello,
I left USA before reaching out the cap (6 years) saving 1.5 month from the cap. My PERM was filed in 6th year before I left USA. The PERM and I-140 got approved when I was in India. Now the question is how do I approach the H1B extension? What are the options do I have?
1. Will it be recapturing of 1.5 month first, reach USA and then file for 7th year extension?
2. Can I directly file for 7th year extension from India on the basis of approved I140?
3. For 1st option, will the cap be a problem since I have only 1.5 month left to reach 6 year cap?
4. For 2nd option, do I get out of cap limit since the I140 is approved and I have saved 1.5 month from 6 year cap limit?
The dates are as below.
6 year max out date: 30 March 2019
Valid I-94 expiry date: 15 Feb 2019
Left USA on 13 Feb 2019
PERM Filed 8 Nov 2018 (priority date) In 6th year
PERM approved on 14 Mar 2019
I140 approved on 03 May 2019
Please advice. Also suggest other options if there are any.
I left USA before reaching out the cap (6 years) saving 1.5 month from the cap. My PERM was filed in 6th year before I left USA. The PERM and I-140 got approved when I was in India. Now the question is how do I approach the H1B extension? What are the options do I have?
1. Will it be recapturing of 1.5 month first, reach USA and then file for 7th year extension?
2. Can I directly file for 7th year extension from India on the basis of approved I140?
3. For 1st option, will the cap be a problem since I have only 1.5 month left to reach 6 year cap?
4. For 2nd option, do I get out of cap limit since the I140 is approved and I have saved 1.5 month from 6 year cap limit?
The dates are as below.
6 year max out date: 30 March 2019
Valid I-94 expiry date: 15 Feb 2019
Left USA on 13 Feb 2019
PERM Filed 8 Nov 2018 (priority date) In 6th year
PERM approved on 14 Mar 2019
I140 approved on 03 May 2019
Please advice. Also suggest other options if there are any.
