H1B Cap-Exemption

Get Legal Help Today

 Secured with SHA-256 Encryption

H1B Cap-Exemption

Hi Team,

I have one query regarding my current H1B situation…

I was in US for almost 4 years and have to put my resignation and get back to

India due to some family emergencies. I came back on 1st of this month and my

current i-797 is valid till Dec’17. I want to know what options I do have in

order to retain my H1 status so that in future I can do transfer/refile w/o

falling under Cap limit? The other issue is that my I-140 was also approved and

I am not sure if I would be able to retain my priority date if I get a chance

to refile for my GC.

Asked on May 13, 2017 under Immigration Law, Alaska

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are still on a valid H-1B, you would be able to recapture time to get to your 6 year maximum and then once you find the employer with whom you'd like to stay and who would file a new PERM on your behalf, you would be able to retain the priority date established by the filing of the old I-140.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption