Can I extend my H1B for one year after 6 years based on the detailing provided?

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Can I extend my H1B for one year after 6 years based on the detailing provided?

I work in a University. My current H1B expires on Jan 15,2018. I have a EB2 NIW I
140 receipt date March 13, 2017. I spent about 2 and half months abroad during my
6 yr on H1B. Can I extend my H1B for one more year on the basis of I-140 receipt
date and recapturing those 2 month? Thanks for your time and answer.

Asked on August 31, 2017 under Immigration Law, New Jersey

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

YOu can recapture the 2 months spent abroad and any other time you've spent outside the US over the past 6 years but you do not qualify for a one year extension because your I-140 had not been pending for 1 year.  


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