GC Process across H1B period

[sami39]

Dear All,

I am in bit complex situation. Any help would be really appreciated.

I came to US on Mar 1998 and my current visa expires on Mar 2004 (6 years between Mar 1998 and Mar -2004). I got my I-140 approved thru "company-A" in 2000.

I got laid off from "company-A" and immediately I joined another US based "company-B". Thru "company-B" I went to Japan on May 2001 for project assignment and stayed their till Aug-2003.
But I was in US payroll.

On Aug-2003 I resigned "company-B" and immediately came to US thru "company-C" (H1B Visa) and rejoined "company-A" (Processed new H1B but got till MAR-2004) to continue my I-485 process.

(15 Months I stayed in Japan )

My Visa expired on MAR-2004 but I may not get my iEAD by the time. So I decided to renew my H1B.

Since I stayed outside US for more than one year (continuously) I am eligible for another 6 years period. Right?

If I request INS for another 6 years h1b VISA, Am I eligible to continue my GC which I have started in 1999.

What is teh best way to go from here?

Thanks in advance

 

[gcworthy]

If you have a approved Labor Ceritificate , you can extend your H1B for one year. I hope by the end this period you will get EAD and you will fine.

 

[prakash12322]

You can stay in US for 6 more years

As you have stayed out of US for more than 1 year, your H1 is a fresh H1 for 6 more years.

You are fine... NO problem at all..

 

[sami39]

Thanks

Thanks Praksh and GCWORTHY