h1 extension based on approved 140

[GCPlan]

Hi,
I was in US on h1 extension that was done on the basis of pending labor and 140. After 140 was approved, I went back to India due to family issues. The h1 extension has now expired. Now, I want to go back to US. The same company is willing to hire me. I am wondering whether the same h1 can be extended for 3 yrs (because 140 is approved priority date is not current) or they have to apply for a brand new h1, which will be subject to quota/lottery?
Any idea??

 

[ginnu]

Hi,
I was in US on h1 extension that was done on the basis of pending labor and 140. After 140 was approved, I went back to India due to family issues.
The h1 extension has now expired.
Now, I want to go back to US. The same company is willing to hire me. I am wondering whether the same h1 can be extended for 3 yrs (because 140 is approved priority date is not current) or they have to apply for a brand new h1, which will be subject to quota/lottery?
Any idea??

---------------H1 extension can only be filed if you are in US on Valid H1 status. your H1 status is Expired and you are out of US. for more info talk to company lawyer

 

[GCPlan]

Thank you very much for the response Ginnu.

I had 6-7 months remaining on my last 1 yr H1 extension when I came to India. Can I recover that?

 

[ginnu]

Thank you very much for the response Ginnu.

I had 6-7 months remaining on my last 1 yr H1 extension when I came to India. Can I recover that?
------one can recover if file H1 extension while one is on valid H1 status in US

-----------------

 

[GCPlan]

Good News!!!!!!!!!!!

I asked this question to VisaPro.com also (great service for $50, btw) and here is the response that I got:

Under a clarification of H-1B policy by the USCIS in December 2006, you are able to seek additional time in H-1B status, and because you are eligible for extended time under the provisions of AC21 you will not be subject to the cap. Specifically, the policy memo states:

Aliens who are eligible for the 7th year extension may be granted an extension of stay regardless of whether they are currently in the United States or abroad and regardless of whether they currently hold H-1B status. Further, in examining eligibility for the 7th year extension, USCIS will focus on whether the alien is eligible for an additional period of admission in H-1B status, rather than whether the alien is currently in H-1B status that is about to expire and seeking an extension of that status in the United States pursuant to 8 CFR 214.1(c).

Accordingly, your employer needs to file for an extension for you under the provisions of AC21. You can pick up your visa in India and return to the US.

This sounds great!!! Any comments?