H-1B extention I-140 filing status

[navneet_v]

Hi All,

I am on H1B here and 6th year expires on Oct 11 2006. My company started my Green card processing a little late. They are filing my PERM by March 01 -2006 and upon its approval will be filing my I-140. I expect the I-140 to be filed by early May 2006. I will certainly not be in the 365 days limit for the LC filing. But I wanted to know if I can request for a H-1B extention based on the receipt of the I-140 pending approval? Is that an option or do I have to recapture time on my current 6 years?

Any help would be appreciated.

VN

 

[TXasian]

In your case, you have to recapture some of your overseas time to be able to extend your H1B beyond 6 yrs. If the recaptured time is not enough to go all the way up to Feb 27, 2007 you may want to take additional time off and go overseas, and come back before your 6th yr expires. Pending I-140 application with a less-than-365-days-PD LC, will not qualify for 7th yr extension.

Another option is, finding an employer who will do a labor substitution for you...

 

[GotPR?]

Period staying out of the US with maintaining H1 employment may not be considered to be recaptured and it is the option which may or may not work. It is at discretion of CIS.
Labor substitution will work for sure, but be careful(I personally hate the idea of labor substitution, though)
If you don't mind to leave the US for a few years before getting GC, one more opion is
looking for company to support your GC for future employment.

 

[DESILAL]

Period staying out of the US with maintaining H1 employment may not be considered to be recaptured and it is the option which may or may not work. It is at discretion of CIS.
Labor substitution will work for sure, but be careful(I personally hate the idea of labor substitution, though)
If you don't mind to leave the US for a few years before getting GC, one more opion is
looking for company to support your GC for future employment.

Time spent outside US can be recaptured. See the attached doc.

DL