Attorneys Law Firm Practicecontact us

I was in the U.S. for 5 yrs 8 mos and went to India in Feb 2012 with approved I-140. Am i still cap exempted?

30 Dec 2013
Posted at 11:36h in FAQs by

Answer:

In the example given, it should be possible to request more H1B time based upon an approved I-140 with an unavailable priority date. These cases are not filed against the cap and, thus, can have immediate start dates. With the dates given, there would be a choice whether to get the extension based upon the I-140 (not cap subject) OR to take advantage of the one year + time spent abroad and reset the six-year H1B limit entirely. However, to use the one-year abroad rule, the case WOULD have to be filed against the cap, which is a big disadvantage. (30.Dec.2013)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Copyright © 2013, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.