6 yrs time frame

M

mannual

New Member
Hi,
My H1 is expiring on Feb 02. I filed my LC on June 08 from DC. I have following questions.
1. What options/grounds do I have to extend my H1
2. If I go back to my country, can I come back after I got my I-140

thanks in advance.
 
Can old Priority date be used for 7th year ext ?

Hi, Im in a kindof peculiar situation.

Company A filed for labour .
Priority date is June 2000. Labor approved, filed for I140. then got laid off.

Company B hired me and filed for labor in July 2001
My h1 6 years ends in April 2002. Been out of the country for 2 months.
Hoping to get recapture for 2 months, so effectively my H1 will last till June 2002.

Still the 365 days rule for Labour will not be met when H1 expires.

I have read that the Priority date follows the alien, so my original priority date with my first company ( June 2000 ) should be my actual priority date.

Could this date be applied toward the 365 day rule ?

Any suggestions would be greatly appreciated.

thanks

Immanuel
 
r_ross, Some Clarification please!!

So, does it mean that time after labour files, in my case is June2000 - Jan 2002 > 365 ?

Is this valid in case of 7th year ext ?

thanks

Immanuel
 
That is correct

I had exact same scenario except that I didnt get laid off - I jumped ship before my company filed for bankruptcy. My application was approved for 7th year extension. H1B was from new company, priority date from old company.
 
r_ross, Which Center did you file at ?

r_ross, is this aspect open for different interpretations ? I know that AC-21 does not state that the Labour and I-140 have to be from the current employer, but is there any difference between the views of the different INS centers ? I have to file at VSC.

Also, have you considered LIFE Act Sections 245(a) and 245(i). A lawyer said that we might qualify under this law. Would you know, if this would help us if we got laid off again ?
 
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