8 teacher, thanks for your good heart and help!
my H1B reaches 6 year in end of Nov 2011, and if I stay in the US after end of Nov, so even if, say my perm is approved and I-140 approved in July of 2012, then can I still get 3 year H1B extension? or all these perm/I-140 approval are in vain because I used up my 6 year H1B and I have to restart a new H1B petition?
-Depends on how long the H1 extension duration USCIS approve. If they approve your H1 extension beyond the 6 year limit due to their mistake, you may just take advantage of it and continue to work and extend it again in the future using your pending PERM or approved I-140 as I suggested above. But if they only approve your H1 extension for about two months to reach yoru 6 year h1 limit (they do not make mistake), you can only stay and work in US until the 6 year h1 ends (new extension I-94 ends) and can not extend it again in the future. You have to leave US for one year to get the new 6 year h1 term.
Thanks very much for your help!
I hope USCIS makes mistake on my H1B extension.
"Of course, it your current pedning is denied, you may have to leave US for one year to get a new 6 year term, or get another kind of visa to come back as we have discussed."
for above, do you mean they could deny my 2 months period staying outside US?
-I suggest say another situation (every possibility) and does not mean USCIS will deny your case.
if they approve me until Nov of 2011(if I receive approval notice before Nov of 2011, of course, but it may not likely happen)and I leave US now say in end of Oct, then My H1B clock stops, I still have one month old H1B left, then I just apply business vias enter/out, until my perm/I-140 approve, then I can extend my 3 years based on old H1B, my understanding right?
-Correct, extend it for one year using PERM pending = > one year; three year using approved I-140.
if I only leave ONE month old H1B unused, and wait perm/I140 result in China or enter in as another visa, in the future, if perm/I140 approved, when I apply 3 year extension based on old unused 1 month H1B, will USCIS suspect my intension of just wanting to extend H1B and deny my 3 year extension?
-You will be OK to extend your H1 beyond the 6 year limit in this case.
I know a new H1B will be harder due to current economy.
