H1B Extension 365-day requirement OF LC

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pandu16

New Member
Dear Sir/Madam,

I came to USA on January 10th 2001. My Green Card Labour was filed on April 20, 2006
and approved on May 5th 2006. My I-140 was filed on June 23, 2006 and not yet approved.
I went to India on April 19, 2004 and returned back on May 18, 2004(30 days).
My H1B visa expires on August 16, 2006.

My Attorney said he will request for H1B visa Extension till January 10, 2007(5 months).
My Attorney says that i have to Leave USA for 80 days in order to get H1B visa 7th year extension.

What is the best option to get 7th year H1 extn. without going out of USA?
I do not meet 365-day requirement of the LC having been filed.

Thank You
pandu
pandu16@yahoo.com
 
pandu16 said:
Dear Sir/Madam,

I came to USA on January 10th 2001. My Green Card Labour was filed on April 20, 2006
and approved on May 5th 2006. My I-140 was filed on June 23, 2006 and not yet approved.
I went to India on April 19, 2004 and returned back on May 18, 2004(30 days).
My H1B visa expires on August 16, 2006.

My Attorney said he will request for H1B visa Extension till January 10, 2007(5 months).
My Attorney says that i have to Leave USA for 80 days in order to get H1B visa 7th year extension.

What is the best option to get 7th year H1 extn. without going out of USA?
I do not meet 365-day requirement of the LC having been filed.

Thank You
pandu
pandu16@yahoo.com
Click to expand...

Best way to do this is exit out of U.S and come back and file 3-yrs H1B extn if 140 is approved by that time or file one year extn if 140 is still pending.

Another option is change of status like F1 etc.But this not a good idea.
 
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