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H1b extension with approved I140 while priority date is current

Discussion in 'H-1 6 Years Expiring' started by sunny11, Aug 17, 2016.

  1. sunny11

    sunny11 New Member


    I was on H1b with Company A from October 2002 – November 2010 and got my I-140 approved
    with priority date of March 2004, left US on November 2010, since than I was in India till May 2016.
    When I left US, I was still having one more year left in my H1b visa, was valid till October till 2011.
    Now again I have filed my H1b visa with Company B under H1b cap exempt basis of approved I140 and got my H1b approved/stamped. Currently my priority date is current. Now I again came back to US with Company B.
    In case my current Company B is not filing my new Labor, I would like to know the following.

    1. I would like to know, is my H1b six year clock is reset now, and I can get the H1b extension without previous I140 support and considering priority date is current?

    2. OR do I need to file new labor prior to 365 days of H1b validity, in order to get the H1b extension
  2. Anshul Singhal

    Anshul Singhal New Member

    Foreign nationals outside the US who have held H-1B visa status during the past six years and have not exhausted the full six years, and have spent a full year outside the US since the day of their last exit from US in H-1B status have the option of claiming the remaining portion of their six years or subjecting themselves to the cap again and seeking a new full 6 years if the cap is still open.

    Candidates inside The U.S. Who were already Counted Against the H-1B Cap are exempt from the H-1B cap and will not be counted a second time.

    Regardless of whether the H-1B cap is reached, employers may file an H-1B petition seeking amendments, extensions, and/or change of employer on behalf of foreign nationals who have been counted against the cap in the last six years.

    Regardless of the H-1B cap, USCIS will continue to process petitions to:

    · Extend the amount of time a current H-1B worker may remain in the United States.

    · Amend the terms of employment for current H-1B workers.

    · Allow current H-1B workers to change employers.

    · Allow current H-1B workers to work concurrently in a second H-1B position.

    Note: While filing an H-1B petition seeking a change in employer, petitioners should verify that the foreign national is not transferring from a cap exempt employer or exempt position. If the beneficiary was not counted towards the cap previously, he or she is subject to the H-1B cap restrictions, and employers will not be able to file a transfer petition on their behalf unless the cap is open.

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