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Extending the H-1B Beyond Six Years

Extending the H-1B Beyond Six Years. Jennifer Taylor Mary Schnetz. Three situations. Recapturing time outside the US Permanent Residency application has been pending for more than 365 days Approved I-140 and but for visa numbers, individual would be able to adjust status (file I-485).

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Extending the H-1B Beyond Six Years

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  1. Extending the H-1B Beyond Six Years Jennifer Taylor Mary Schnetz

  2. Three situations • Recapturing time outside the US • Permanent Residency application has been pending for more than 365 days • Approved I-140 and but for visa numbers, individual would be able to adjust status (file I-485)

  3. Recapturing Time • H-1B is 6 years • Time outside the US not counted towards 6 years • If not in US, not in US immigration status • Beneficiary must provide detailed, succinct documentation to accompany request

  4. Recapture example • H-1B valid from 01/07/2008-01/06/2014 • When we filed ext, still had 2 days left on initial 6 years • Outside US 67days • Add 2 days plus 67 days to 01/06/2014 • http://www.timeanddate.com/date/dateadd.html • New end date 03/17/2014

  5. Documents to show time outside US • Flight itineraries • Boarding passes • Stamps in passport • Conference brochures • Other comparable evidence

  6. Permanent Residency Pending more than 365 days • H-1B status began 04/01/2007 • H-1B status expires 03/31/2013 • University filed I-140, Outstanding Professor and Researcher petition, on 03/10/2012 • An RFE was received and now the I-140 has been pending for more than 365 days • Therefore, we can extend the H-1B one year at a time until decision made on I-140

  7. Permanent Residency Pending more than 365 days • H-1B status began 07/01/2007 • H-1B status ends 06/30/2013 • UW filed Labor Certification 04/15/2012 • LC was audited and still pending • Since LC pending more than a year, we can extend the H-1B in one year increments beyond the six years.

  8. Visa Backlog and Permanent Residency • 140,000 Immigrant visas per year • Visa Bulletin • Employment Based 2nd Preference • Affects only Chinese and Indians at this point • Priority Date • Immigrant visas

  9. Approved I-140 but no visa numbers • Chinese national • H-1B started 07/01/2005 • H-1B expired 06/30/2012 • Filed Labor Certification 10/15/2011 • Priority Date • Filed I-140 on 03/25/2012 • Visa numbers not available so we can extend the H-1B for another three years

  10. Contact information • Jennifer Taylor • 608-263-5689 • jtaylor@ohr.wisc.edu • Mary Schnetz • 608-262-1742 • mschnetz@ohr.wisc.edu

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