if you were in the US for a total of 6 years – not including business travel days or vacations abroad – then you’ll be required to leave the US for at least one year.
Here are some exceptions that might help you:
You have a labor certification that was filed more than 365 days ago that’s been approved AND a pending I-140 (“Green Card”) petition – you’re eligible for a seventh year
Your employer filed a labor certification that’s been pending for 365 days – you’re eligible for a seventh year
Your I-140 petition was approved – you’re eligible for a three year extension no matter how long your labor certification has been pending
There are a limited number of other exceptions, so you’re best route is to consult with a knowledgeable immigration lawyer who can help move you skillfully through the process. This is a great investment in yourself since a qualified attorney can add significant value by achieving a more productive and economical result for you.
By the way, the US Citizenship and Immigration Services (USCIS) will begin accepting new H-1B quota based visa applications on April 1, 2016. The earliest date to start work on those visas will be October 1, 2016. As a reminder, the cap on regular H-1Bs remains at 65,000 and at 20,000 for US Master Degree H-1Bs.
