H1b extension with approved I140 while priority date is current

#1
Hi

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
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.
 
Top