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H1B Extension and Labour Certification Pending

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  • H1B Extension and Labour Certification Pending

    1.I am on H1B Visa and six years will be completed on 15th Sept 2013.(After recapturing all the Out of the USA stay)
    H-1B Visa Immigration
    2.I have a valid 1-94 Till 31st July 2013.
    3.Labour Certification (Perm) filed on 12th Sept 2012 and got an Audit on Nov 2012 and Auditor/Lawyer Replied with in three weeks to DOL, its an Normal Audit info about recruitment process and Remote job Location and Local Talent availability and applicaions.
    4.Can I apply H1B extension for the remaining 45 Days of H1b.
    5.Can I apply for 45 Days + One Year H1b extension considering My Labour (Pending) was filed on 12 Sept 2012 well Before 365 Days as I have H1B eligibility till 15 Sept 2013.
    6.Or Is there any rule should I apply for H1B extension only after Perm Pending with DOL completes an year.
    Like should I apply only on or after 12Th Sept 2013, if that is the case I will only have 2 days to apply H1 B extension before 15th Sept 2013.
    7.Is there any tool/site to calculate the Stay in USA and Recapture time and what proof is needed while filing.
    Please Advise I am Planning to apply for extension in Premium processing in First week of March 2013
    Thanks in Advance.
    Last edited by Javalinux; 02-07-2013, 05:09 PM.

  • #2
    You can apply for the one year extension in your case only if you have the 365 days pending or an I140 is approved. Unfortunately you might be stuck. If you want us to check other possibilities, you can call us at 5107425887.
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

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    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on
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