new H1B needed ?

V

vizkiz2018

Member
Hi

I used to work on H1B until June 2018. during this time PERM labor was filed.

But due to expire of 6 years on H1B, i exited USA in June 2018.

Later PERM is approved in August.

My employer is filing I-140 premium.

So my question is , does my employer need to wait until October cap for filing new H1B or can it be filed right after I-140 approval.

thanks
 
Under AC21 provisions once your I-140 is approved your employer can file H-1B extension for 3 years once it is approved, you need to go to nearest US consulate in your home country, have H-1B stamped and enter US. You will not be subject to new H-1B CAP.
 
Another lawyer says unless i have any unused portion of time in my earlier H1B , its not possible to file for H1 under non-cap. ...could you please recheck again?
 
Of course you can always claim unused portion of 6 years of H-1B to request extension. AC21 clearly addresses your situation. If you are from retrogressed country & unable to file I-485 you can utilize these provision.
 
I dont have any unused portion left on my previous H1B. And more over the PERM filed employer is new employer. Pl advise whether my new H1B file falls into next CAP or is it allowed to be filed under AC21 as you are indicating?
 
Wait until your I-140 is approved & when it is approved, file for H-1B extension for 3 years under AC21. You will not be subject to new CAP.
 
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