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

UPDATED: Aug 31, 2017

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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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 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.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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