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Question reg. H1 extension while waiting for Perm approval

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  • Question reg. H1 extension while waiting for Perm approval

    hi H1/GC gurus out there!

    Seeking your help on this situation...

    I am in the 6th year of my H1 VISA. My current extension (I-94) expires this October end. However, my 6 years (365 days x 6 years) technically ends in Jan 2011. So, between Oct 2010 end and Jan 2011, I have a gap for which I am not sure if I can get another extension or not, because...
    My GC processing in the EB3 category was started in Feb this year (less than 365 days before the end of my H1-6 years duration). Current status of GC is just 'Perm filed'. My specific question is - while waiting for my Perm approval, can I apply for an extension for 3-month period between Oct. and Jan? and what are the chances that the H1 extension will get approved for such a short duration of time? I am not very confident of the Perm approval coming thru' by October, given what I have read from other threads on this forum.

    Thanks in advance for your help!

  • #2
    If you haven't spent 6 years on your H1B, then you can reclaim the time spent outside the country. However, you will need to provide a lot of additional documents. Check this
    http://www.immihelp.com/forum/showthread.php?t=71515
    Not a legal advice. Use of this information is strictly at your own risk.

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