Hi,
My details below
First H1B:
Applied Sep 2000
Approved in Feb 2001 for 3 years valid till Oct 2003.
Landed in US in Mar 2001.
Went to UK on a project for in Feb 2002 and came back to US in April 2004 while employed with the first employer. Visited US for a week in June 2003 after 1 year and 4 months abroad.
While in UK, paid salary in UK(because project was long term client got UK work permit and because of that paid in UK). The difference between US salary and what is paid in UK is paid in US dollars by the first employer quarterly as the difference was not enough to run payroll every month.
Switched employers three time since April 2004 and joined my current employer in October 2005 and my current H1B by the current employer is valid till Feb 2007.
Current employer filed for Labour under PERM and it got approved in October 2006 and he has filed for I-140 now.
My employer is saying lets wait till 2 weeks before the H1B status expiry for I-140 approval and if we don't get approval till that time, lets file for H1B extension to recapture time spent abroad for 16 months.
My wife's H1B status and visa is expiring in Feb 2007 the same date as my H1B status expiry.
My questions are:
1. Is filing for H1B extension before the H1B status expiry date good enough to legally maintain status or shoud I have the approval before the expiry date?
2. Based on the info I have provided, H1B recapture time shouldn't have any complications. Am I right?
3. Will my wife's status get extended automatically upon my H1B status getting extended?
4. Is there anything else I can do to maintian status legally in US and continue my GC process?
Looking forward to the advice from the experts.
Thanks in advance.
vikurus
My details below
First H1B:
Applied Sep 2000
Approved in Feb 2001 for 3 years valid till Oct 2003.
Landed in US in Mar 2001.
Went to UK on a project for in Feb 2002 and came back to US in April 2004 while employed with the first employer. Visited US for a week in June 2003 after 1 year and 4 months abroad.
While in UK, paid salary in UK(because project was long term client got UK work permit and because of that paid in UK). The difference between US salary and what is paid in UK is paid in US dollars by the first employer quarterly as the difference was not enough to run payroll every month.
Switched employers three time since April 2004 and joined my current employer in October 2005 and my current H1B by the current employer is valid till Feb 2007.
Current employer filed for Labour under PERM and it got approved in October 2006 and he has filed for I-140 now.
My employer is saying lets wait till 2 weeks before the H1B status expiry for I-140 approval and if we don't get approval till that time, lets file for H1B extension to recapture time spent abroad for 16 months.
My wife's H1B status and visa is expiring in Feb 2007 the same date as my H1B status expiry.
My questions are:
1. Is filing for H1B extension before the H1B status expiry date good enough to legally maintain status or shoud I have the approval before the expiry date?
2. Based on the info I have provided, H1B recapture time shouldn't have any complications. Am I right?
3. Will my wife's status get extended automatically upon my H1B status getting extended?
4. Is there anything else I can do to maintian status legally in US and continue my GC process?
Looking forward to the advice from the experts.
Thanks in advance.
vikurus