formula4tech
New Member
My case is as follows:
- Green Card filed in Dec 2012
- However had to leave USA in Jan 2013 as my 6 years on H1B were almost over
- Stayed in India for more than 12 consecutive months
- Labor and I140 approved while in India
- Returned back to USA in Aug 2014 with H1 extension based on I140 approval (i.e. outside of H1B cap)
- Have worked for same employer throughout
- Currently in USA with valid H1 visa till May 2018
My question is:
If I transfer to another employer and the new employer does not file Green Card in time, am I eligible for H1 extension (without I-140) beyond May 2018 given that I had break of 1 year outside US and technically will have 2 more years left in my second 6-year stint?
- Green Card filed in Dec 2012
- However had to leave USA in Jan 2013 as my 6 years on H1B were almost over
- Stayed in India for more than 12 consecutive months
- Labor and I140 approved while in India
- Returned back to USA in Aug 2014 with H1 extension based on I140 approval (i.e. outside of H1B cap)
- Have worked for same employer throughout
- Currently in USA with valid H1 visa till May 2018
My question is:
If I transfer to another employer and the new employer does not file Green Card in time, am I eligible for H1 extension (without I-140) beyond May 2018 given that I had break of 1 year outside US and technically will have 2 more years left in my second 6-year stint?