Time to be spent outside U.S with H-1 expiring :

R

richarax

New Member
Could somebody please give me details on the following question :
I believe one has to stay outside U.S for a period of 1 year in case of the completion of 6yrs of the visa. Is it the same amount of time even if the labor processing for my GC has been started and is now pending for more than a year ? Can I re-enter the country immediately after the labor is done and my I-140 has been applied for or do I still have to wait for 1 year before entering the country ?

Thanks in advance for your responses.
 
after I140 is applied for...

apply for a 7th yr H1 and then enter US. Dont be surprised if U will be eligible for another fresh bout of 6yr H1 at that time!!
 
Re:Time to be spent outside U.S with H-1 expiring

I have heard from friends , people on different sites and from a lawyer too that its possible to extend your H1 (7th yr extension ) based on the fact that you have a labor appication pending for more that 365 days . but many poeple also say that its not possible to extends your H1 based solely on the fact that you have a labor pending for more that 365 days and that we need a approved labor AND a pending I140 application (it can be from your previous employer too) . My advise is consult a good immigration lawyer .
   Also to reset your H1 you HAVE to stay out of US for a yr , now once you are out of US to come back you would need a valid visa , are you asking that you leave now and once you get your labor certified your company applies your I 140 and then applies for your H1 extension based on that then send you the approved H1 so that you can get a stamping from outside US ?
 
Re:Time to be spent outside U.S with H-1 expiring

That\'s exactly is my question :

Can I leave now and once I get my labor certified and my company applies for my I 140 and then applies for my H1 extension based on that and sends me the approved H1, can I get a stamping from outside US ?
 
Don\'t think so

You are leaving the US because your H1 is expiring , now how will you get a 7th yr extension on a expired H1 ?
 
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