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H1b Extension And Perm In Processing

Discussion in 'Nonimmigrant Visa Validity' started by asunder, Jan 11, 2016.

  1. asunder

    asunder New Member

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    I am in my 8th year of H1B… Last July (2015), I joined company B based on approved PERM from Company A and got my H1B extended for 1 year (till July 2016). In December 2015, company B filed my new PERM petition.
    I would like know what happens in below scenarios -

    1. If I stay out of country for a month, will that period be recaptured after July 2016? I have this question because I want to know if recapturing will work for people like me who have maxed out their 6 year max out period.

    2. Let's say, my PERM didn't get approve by July 2016 and I had to go out of country, would like to know if I-140 could be filed (in case PERM gets approved in August 2016) while I am out of country? If yes, with the approved I-140, can I get H1B processed even when I am out of country? Or should I wait for the cool-off period of 1 year before applying for H1B using approved I-140?
     
  2. Santy

    Santy Guru

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    Your Company can file I140 even when you are out of Country. You can come on H1B once your 140 is approved. No cool-off period after 140 approval. What happened to the labor filed by Company-A? You can try to convince Company-A to file 140 if the labor has not expired. Hope your labor from Company-B gets approved before July 2016. Time is the key.
     
  3. asunder

    asunder New Member

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    Hi,Is there any minimum valid visa to enter into USA? Suppose if I am out of country for 2 months i.e., feb and March 2016.

    1.Do they stamp my visa in my country? ( Because I have valid I 797 upto July 2016)
    2.what is the minimum validity of visa for entry?
     

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