Stamped H1B exipred, now in india, 1.5 year later apply for remaining months possible?

[annans]

Hi , I am in a below situation, please help.

1. I have left US 1.5 year before. Now living in India for the past 1.5 years. When I left US I have used 5 years of H1B. Now being in India for1.5 year with 1.5 yrs of expired 797, is it possible to further extend and get the remaining 1 more years.

2. If Yes, can I also process GC starting from labour/perm/i140. Will it complete within 1 year . Else if 6 years expired before i140 can I travel to Canada and once i140 is approved, can I get stamping from canada and travel back to US?

3. Will any of the GC process effect the H1B extension mentioned in Step1, or will H1b Extension mentioned in Step 1 effect GC process mentioned in Step2.

Please help.

[Kalpesh_Dalwadi]

@annans

I have left US 1.5 year before. Now living in India for the past 1.5 years. When I left US I have used 5 years of H1B. Now being in India for1.5 year with 1.5 yrs of expired 797, is it possible to further extend and get the remaining 1 more years.

You may claim all the time you have spent outside of the US when your new employer applies for your cap-exempt H1B petition.

@annans

If Yes, can I also process GC starting from labour/perm/i140. Will it complete within 1 year . Else if 6 years expired before i140 can I travel to Canada and once i140 is approved, can I get stamping from canada and travel back to US?

Yes, you can do stamping from Canada.

@annans

Will any of the GC process effect the H1B extension mentioned in Step1, or will H1b Extension mentioned in Step 1 effect GC process mentioned in Step2.

H1B job is separate from Green card job which is considered a future permanent job being offered by your sponsoring employer. There should be no impact.

[annans]

… Thank you so much.