H1-B 3 yrs Extension

[jvirk]

Hi My H1-B 6 yrs were over on Dec 25th 2010. My labour (PD 04/13/2011) and I-140 (EB3) are approved now. Based on the approved I-140, is it possible to get an H1-B extension. for three years? Since my labour and I-140 got approved after my H1-B expired, I am not sure about it. Can someone please clarify..

[shervin143]

Your only option is to go for a fresh CAP after spending 1 year outside U.S. 7th year extension on H1B is possible only if the labor is filed 365 days prior to the 6th year end (and if it is pending) or if both Labor and I-140 is approved before the end of the 6th year.

[jvirk]

I was on LI-B for atleast 4 years and then moved to H1-B. So if I can recapture sometime spent outside US say about 2 months, do you think in that case I can apply for three year extension based on approved I-140? Please confirm..

[shervin143]

It is very hard to recapture the time spend outside U.S on L1B. If you can successfully recapture that time and start working on H1B again, then you can file the extension based on the approved I-140. Yuo will need the help of an experienced immigration attorney.

I was on LI-B for atleast 4 years and then moved to H1-B. So if I can recapture sometime spent outside US say about 2 months, do you think in that case I can apply for three year extension based on approved I-140? Please confirm..

[jvirk]

Thanks for responding. One last question. Can I find another company who is willing to apply for a new H1-B now? There are still about 4.5 mnths left for me to complete one year outside of U.S.
I am just wondering whether to go with the option with my present firm for a three years extension or find another company which can file a new H1-B with 6 years.

[shervin143]

Possible. You need to recapture the remaining days first and the file an extension based on the approved I-140. You will need a copy of the I-140 if you are switching employer.

Thanks for responding. One last question. Can I find another company who is willing to apply for a new H1-B now? There are still about 4.5 mnths left for me to complete one year outside of U.S.
I am just wondering whether to go with the option with my present firm for a three years extension or find another company which can file a new H1-B with 6 years.