H1b Tranfer or Xtension during 485 pending Vs (65,000h1B limit)

[sank]

Hi,
My i 485 is pending more than 1year. i-140 Already approved before filing i485.
I have H1b Back up(Apart from EAD) valid until Jan 2004 when i am completing 6yrs on h1B.
I want to do 7th yr H1b extension as backup(suppose something goes wrong in 485).


I may or may not join New employer(Leaving GC sponsering Employer) at the end of Jan 2004 using EAD. Can i do h1b transfer or Extension in Mar or Apr 2004 ( based on i485 pending) with new employer or GC Sponsering Employer even after expiration of h1b.

Suppose say if H1b cap comes to 65000 limit in April ,May 2004.
IS My h1B transfer applicable at that time????. Does it(65,000h1b limit) apply to new H1B petition visa Issued abroad or to h1b tranfer too???.


i was out of US for 1 yr before filing i485 on total 6yrs on h1B. can i recapture that 1 yr during 7th yr Extension to get 2 yrs totally instead of 1yr extension(Usually 7th yr extension is of 1Yr).

transfer Extension

Thx
sank

 

[jaxen2]

1. If you are going for H1 extension, better file it before current H1 expiry.
2. Otherwise it will be considered as new H1 and will be subject to the cap.
3. You need lots of proof (including non payment of US salary) as evidence for recapturing out of US time. If you are trying to recapture time, you have to make that as a separate H1 petition. Beyond 6yr H1 extensions are given in one year increment only and cannot be combined with any other coupons or deals.