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newbie2020
07-03-2008, 10:42 PM
My LC applied in Feb 2008
LC approved Apr 2008
I-140 Applied May 2008

My 6th yr H1B expires Dec 2008
H1B Maxout Jan 2008

I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?

or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.

lskreddy
07-04-2008, 01:27 AM
I would wait until mid of November to see if the I140 gets approved by itself. If it does, you would be eligible for three years. If not, apply for PP for I140, get that and the same three year would apply.

If none of these happen (even PP for I140 does not guarantee you an approval if there is an RFE or additional info and such), you can apply for an extension documenting the lost days.

What is important is to get your application in before your H1-B end date and once the application is in and you have a receipt, I have been told that you could work for 180/240 days. I am not sure of the exact number but I suspect it was 180 days. So, you have ample time, just wait...

muni_k
07-08-2008, 06:26 PM
I am in the 6th year of my H1b.expires end august 2008.I have applied for I-140 in may of 2008 after my labor got audited and finally approved in may2008.My labor application was in sept 2008.I can probably recapture the time spent outside the country to take it past 1 year of labor certificate application(in order to apply for H1b extension).can i avail of premium processing for my i140 to get a possible 3 year extension or not.to me it seems not given that as per USCIS website :

USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:

Whose sixth year will end within 60 days;
Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Who are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.

somewhat similar position as yours but more acute.




My LC applied in Feb 2008
LC approved Apr 2008
I-140 Applied May 2008

My 6th yr H1B expires Dec 2008
H1B Maxout Jan 2008

I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?

or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.

newbie2020
07-20-2008, 08:32 AM
It looks to me you could have upgraded your case to I-140 PP and got 3 yr extn . You still can do that...

As far as me, I am planning to wait until Oct to apply for PP, if there is some issue, then Nov/dec i will try to recapture the time.


I am in the 6th year of my H1b.expires end august 2008.I have applied for I-140 in may of 2008 after my labor got audited and finally approved in may2008.My labor application was in sept 2008.I can probably recapture the time spent outside the country to take it past 1 year of labor certificate application(in order to apply for H1b extension).can i avail of premium processing for my i140 to get a possible 3 year extension or not.to me it seems not given that as per USCIS website :

USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:

Whose sixth year will end within 60 days;
Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Who are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.

somewhat similar position as yours but more acute.

newbie2020
08-04-2008, 04:38 PM
Just an update By the way my I-140 Got approved...So now i am eligible for 3 yr H1B extn