Go out of US 1 or 2 months before max out to recapture H1B time?

USA H1B
1

If i go out of country 1 or 2 months before max out, will that suffice to recapture vacation/unused portion time to get approvals?

Will that still advisable?

2

You can go out of country for any amount of time before your H1B 6 year max out and then re-capture it to extend your H1B max out date.

But, remember that you will need a valid H1B stamp to re-enter USA.

3

Thx Anil. The PWD and PERM process are usually 4 to 5 months in earlier year’s for many cases. Why its delayed in 2019?

4

I am not sure why it is delayed except for the reason that there are more applications being filed and there were two US government shutdown last year which would have added to pending cases queue.

5

Dear Anil,

My H1 B max out is Aug 25,2020. My PERM got filed on Sep 23, 2019.
Can you please help me with below queries

  1. As it is more than 90 days is there a possibility for audit or it might still get approved.
  2. If there is an audit what are the odds of getting an approval before my H1 B cap exhaust time which is Aug 25, 2020.
  3. Also my case was not filed before 12 months of my H1 B cap exhaust time .
  4. Can I go to India for a month so that my H1 B cap time will go beyond Sep 23rd and I can file for an extension in June 2020 for one year.

Kindly advise. Appreciate all your help.

Thanks,
Sai.

6

Hi @sandy1

Nobody can guess if your PERM will get an audit or not.

Your time recapture question has been answered above here:

7

Dear Anil ,

thank you. In that case can I request for my H1 B extension as that will make my filing date more than a year as it was filed on sep 23 , 2019. I f i go out for a month and cme back i can stay till sep 25 , 2020 . can i ask for one year extension if my case is not approved till that time. Kindly answer

8

Hi @sandy1

You will be eligible for filing 1 year H1B extension if PERM is pending for more than 365 days.

9

Dear Anil,

Thank you so much .

Thanks,
Sai.