You are here:

Immigration Issues/Leaving US before 1 month of H1 maxout and enter US after I-140 approval with 1 month left and apply for H1 extension. is it possible?

Advertisement


Question
My H1 will max out on Dec 3, 2012. I joined the new employer in July 2011 and they filed the GC labor on Oct 2, 2012.

My attorney gave me an option that I can leave USA before a month of H1 maxout and wait in India till I-140 gets approved. Once my I-140 gets approved, my employer have to apply for a new H1 to cover 1 month left out of 6 years max stay in H1. I need to go to visa stamping with the approved H1 petition along with approved I-140 and client letter saying that I will apply for H1 extension once I reach USA with the help of approved I-140. I can come back to usa and get H1 extension filed with approved I-140. Here are few questions.

1) does USCIS gives a petition for a month that is left of my 6 years H1 stay?
2) does US consulate in India provide a H1 visa for only 2-3 weeks? do they provide as I-140 is approved?
3) is it possible to get 3 year H1 extension once I-140 approved when I am India after H1 maxout?
4) If I had to stay 1 year outside of USA after H1 maxout, will I be eligible to apply for H1 in Apr 2013 and go for stamping after Dec 3, 2012 or do I need to wait for complete 1 year before my employer applies for H1?

Your response is much appreciated. Thanks for your help in advance.

Answer
Dear Munikumar:
Your situation sounds little dicey; one month of H1 sounds not good - USCIS may not issue and if your H1 gets approved the consulate may not stamp and refuse it.  Having an approved I-140 is no ground for an H1, and once H1 gets maxed out you have to be outside the US for about a year to get another H1 or get your GC processed.

Hope i satisfied your inquisitiveness.

Best wishes,  

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

©2016 About.com. All rights reserved.