d*****6
发帖数: 38 | 1 P/D: 7/16/13
H1B Current Expiration: 1/26/14
H1B Estimated New Expiration with recaptured time (Nov2013 through Jan2014):
3/30/14
Based on conservative estimates, I may still be short of about a week for
the I-140 to be approved, the approvals to be received, and the H1B to be
extended. Currently I am waiting for the H1B extension to be approved (with
3/30/14 expiration) by the end of next week. Is it advisable for me to leave
the U.S. again and recapture another month, once the extension is received?
My employer is supportive and would like to do everything to maximize the
chance of success. The attorney mentioned that the more times we recapture,
our entire filing may be subject to greater scrutiny. Is that accurate?
Is it risky to get the H1B visa approved at the US Embassy or enter the US
once it gets real close to the H1B expiration date?
And also, would multiple attempts to recaputre time flag my PERM and cause
it to be audited? The attorney seemed to think so, but it doesn't make sense
to me. The PERM is processed at the DOL and the H1B extensions are
processed by USCIS. Do the two agencies communicate to each other?
Any thoughts would be appreciated.... | T**G
发帖数: 367 | 2 You could leave the U.S. once your final H1B validity has reached. Wait for
PERM to be approved. PP I-140, then PP H1B extension. Then re-entered the US
wtih the new H1B approval. You may need to obtain new visa stamp if your
current one is already expired.
If your company has an office in your home country, you could possibly work
remotedly from your home country. Or you could go to a third country where
your company has an office, but you would need global immigration advice
regarding work permit.
I wouldn't leave the US now for a month and re-enter to capture that one
month. No one can predict PERM can be approved in time, what if it gets
audited? Plus it raises eye brows at the Consulate and CBP with a short
status validity.
It's always nerveracking dealing with H1B running out. Best wishes. | d*****6
发帖数: 38 | 3 Thank you for the response. The attorney told me that once the current H1B
runs out, it can no longer be extended. In other words, if I don't leave and
recapture more time and the current H1B runs out, I cannot extend it even
after the PERM and I-140 are both approved. Is that correct? Or did I
misunderstand it?
I understand that it raises eye brows at the Consulate and CBP with a short
status validity. Is it possible for the Consulate to deny me the visa or for
the CBP to refuse letting me back in the country?
Thanks so much! |
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