Hello Guys,
I am working in US in H1B. My employer filed labor through PERM on Aug 13,2006 (before 365 days of my H1B Expire date). As the job order was posted only for 15 days that application was rejected. They once again had the job order posted for 30 days and filed on Nov 1,2006(<365 days of my 6TH year in H1B). I got the labor approved on the last week of Feb 2006 and my attorney filed for my I140 at Vermont on Mar 13,2006. VSC received the application on Mar 14,2006. In the past 5 years I was out of the country only for 37 days. My employer is going to file H1B Extension to recapture those 37 days. Still I need to be out of the country for 40 days before Aug 15,2006 so that they can apply for 40 days H1B Extension on my return. If my I140 was not approved by that time then they are planning to file for 1 year extension. Totally if I am out of the country for 77 days then they can claim that I am on H1B until Nov 2,2006 and they can file for 1 year extension.
If my I140 was not approved by the end of May then I have to plan to travel to India during the summer for 40 days with my daugher. H1B Visa stamped in my passport and my I-94 Card are valid until Aug 15,2006. So I can enter inside U.S Before Aug 15,2006.
(a) if I am trying to enter US on Aug 7,2006 I will have only a week left over on my current I797 Approval notice. Is that a problem? Or should I need to get the new H1B Approval notice for 37 days (recapturing days) which my employer is going to file next month, before my travel. As it is taking lot of time to get the I797 approval notice can I get letter from the employer stating that they have applied for 37 days H1B extension and waiting for the approval notice?
(b) If suppose I need to enter US on Aug 18,2006 I need to go to US Consulate in Chennai for Visa stamping. Can I make an emergency appointment in VFS System in the month of June 2006 for the appointment in July 2006? What are the procedures for doing the emergency appointment? I found in a website that the employer needs to file the petition for the emergency appointment. I am not sure how to do that. Can any one give me an idea how you have done that?
(c) How long it is taking for I140 Approval for EB3 in VSC?
Thanks for all your help.
Akil
I am working in US in H1B. My employer filed labor through PERM on Aug 13,2006 (before 365 days of my H1B Expire date). As the job order was posted only for 15 days that application was rejected. They once again had the job order posted for 30 days and filed on Nov 1,2006(<365 days of my 6TH year in H1B). I got the labor approved on the last week of Feb 2006 and my attorney filed for my I140 at Vermont on Mar 13,2006. VSC received the application on Mar 14,2006. In the past 5 years I was out of the country only for 37 days. My employer is going to file H1B Extension to recapture those 37 days. Still I need to be out of the country for 40 days before Aug 15,2006 so that they can apply for 40 days H1B Extension on my return. If my I140 was not approved by that time then they are planning to file for 1 year extension. Totally if I am out of the country for 77 days then they can claim that I am on H1B until Nov 2,2006 and they can file for 1 year extension.
If my I140 was not approved by the end of May then I have to plan to travel to India during the summer for 40 days with my daugher. H1B Visa stamped in my passport and my I-94 Card are valid until Aug 15,2006. So I can enter inside U.S Before Aug 15,2006.
(a) if I am trying to enter US on Aug 7,2006 I will have only a week left over on my current I797 Approval notice. Is that a problem? Or should I need to get the new H1B Approval notice for 37 days (recapturing days) which my employer is going to file next month, before my travel. As it is taking lot of time to get the I797 approval notice can I get letter from the employer stating that they have applied for 37 days H1B extension and waiting for the approval notice?
(b) If suppose I need to enter US on Aug 18,2006 I need to go to US Consulate in Chennai for Visa stamping. Can I make an emergency appointment in VFS System in the month of June 2006 for the appointment in July 2006? What are the procedures for doing the emergency appointment? I found in a website that the employer needs to file the petition for the emergency appointment. I am not sure how to do that. Can any one give me an idea how you have done that?
(c) How long it is taking for I140 Approval for EB3 in VSC?
Thanks for all your help.
Akil