| Q. |
How to get H-1B extension?
My labor certification does not satisfy the 365-day period requirement for 7th year H-1 extension, and my I-140 is still pending. My H-1B expires in Dec 2008.
How can I get another H-1B extension? And for how long?
User's Location:
Dallas, Texas, United States of America
Category:
Employment-based Green Card
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| A. |
It is often possible to gain more H-1B time by petitioning to "recapture" time. The idea is that the six year limit (365 days/year x six years) should exclude any time spent outside the USA. If you are able to count (and document) time outside the US (since the date of your first H-1B petition approval) it may be recaptured to extend your Dec 2008 expiration date. Otherwise, your situation should be analyzed in detail for other potentially applicable visa catgeories.
Best,
Philip Boyle |
| |
Philip Boyle
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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