I was in USA on H-1B from Feb 2007-Feb 2013 i.e. 6 years. I am currently residing out of USA and want to return back there. I hold an approv...

Question

I was in USA on H-1B from Feb 2007-Feb 2013 i.e. 6 years. I am currently residing out of USA and want to return back there. I hold an approved I-140. Am I eligible to apply for H-1B transfer without having to go through the H-1B quota again since I have an approved I-140?

Answer

Pursuant to AC21, if you were in the U.S. at the time you reached the 6 year maximum period of stay, and you possessed an approved I-140 with a priority date that was not current, then you could have applied for your "7th year extension".

However, since you are out of the country, and have been for over one year, you will need to re-apply under next years' H1-B cap (April 1, 2015).

Answer

Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Regards, RDM