EB2 I140 approved , H1B extension beyond 6 years

D

dchar123

New Member
Dear sir/Madam
I was working on H1B as a postdoc (biomedical research) in a nonprofit organization. I filed self-petition for EB2 I-140 on August 2012. My H1B expired on 17th Sept 2012, and then I shifted to H4 (dependent to wife H1B) and anticipated for I140 approval. I was waited till April 2013 and return back to India with my family (my wife also resigned ) due to uncertainty/waiting time.

On 10th May 2013 I checked online my EB2 I140 got approved.

Please let me know what are the options to apply for H1B extension? I did not utilize approximately one month recapture days (I was out of the US during my H1B). I want to know whether I need to complete one year stay in India before I come back to the US to get a new H1B or Can I apply H1B extension immediately if I find someone (same institute) to sponsor H1B?. or should I wait in India till the priority date available ? (Now it is in 2004).
Thanks
 
Jackolantern said:
Did you already complete at least five years of H4 + H1B status as of the date you applied for the I-140?
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Thank you very much, yes I filed my self-petition I140 when I completed 5 years 10 months of H1B, then after a month I switch to H4 and remained for 7 months on H4.
 
Eligibility for H1B extensions beyond 6 years requires that the labor certification or I-140 was filed at least a year ago. So your eligibility for that begins August 2013.

You have a couple months left of H1B before completing 6 years, so I think you could use that to reenter the US sometime after June (so your 2 months doesn't end before your extension eligibility begins), and then file the H1B extension request based on the year-ago I-140. However it has to be skillfully and carefully done, especially if your H1B visa has expired and you're relying on recapture time to get back the 2 months. That means you'll have to go the consulate for visa stamping, with evidence and explanations for your 2 months recapture and extension beyond 6 years. Get a lawyer to write up that letter for you.
 
Thank you very much for your valuable information. I greatly appreciate it. I consulted one immigration attorney, he said that if the prospective sponsor H1b based on I140 approval , I can go to the consulate for stamping immediately, do you have any suggestions. I had given my friend address in the US to receive my approval notification. Do I need to inform USCIS about my relocation,




Jackolantern said:
Eligibility for H1B extensions beyond 6 years requires that the labor certification or I-140 was filed at least a year ago. So your eligibility for that begins August 2013.

You have a couple months left of H1B before completing 6 years, so I think you could use that to reenter the US sometime after June (so your 2 months doesn't end before your extension eligibility begins), and then file the H1B extension request based on the year-ago I-140. However it has to be skillfully and carefully done, especially if your H1B visa has expired and you're relying on recapture time to get back the 2 months. That means you'll have to go the consulate for visa stamping, with evidence and explanations for your 2 months recapture and extension beyond 6 years. Get a lawyer to write up that letter for you.
Click to expand...
 
You can get stamping immediately based on the 2 months remaining of your 6 years, but the H1B extensions beyond 6 years require that the I-140 or Labor cert. was filed at least a year ago. You don't meet that condition right now, so you're not eligible for that extension yet, and if you go to the US more than 2 months before the 1-year anniversary of your I-140 filing you'll have a gap in your status.
 
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