Hi,
I have few queries related to the 7th year extension of H1B.
My 6th year gets completed in the month of March 2015 and my labor has been filed in the month of April 2014. So according to latest news it takes minimum 7 to 8 months for labor approval which is by December 2014 i would get to know if my labor is approved.
Due to the one month lag i would not get 365 days pending status incase my case goes for audit.
So what would be options to continue staying in the US?
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My attorney suggested go to India for a month and hence we can recapture that 365 days period but i don’t wan’t take that risk right now. My question is can i go to India after my 6th year ie in March and after 1 month ie in April can i return to US? Since the 365 days is done or once i exit after 6th year is it mandatory to stay outide for 1 year?
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What happens to my labor and I-140 if m physically not present in US? Does it get lapsed?
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Since my wife is studying and is on F1 visa. IS it possible for me to convert to F-2 for a month and then get back to H1B after April?
Kindly suggest what is the best option…
Thanks in advance.