H1B max out while PERM processing

[Pravish]

Hi, My H1B reaches Max out on Feb 25,2023. Currently PWD is pending (filed on Feb 9,2022). Most likely my PERM will be filed in Jun/July 2022 based on PWD approval timeline.

Please find my below queries:

1. What if my PERM is pending when I reach max out. Am I eligible to stay while PERM is pending or what are the options to stay

2. If I travel out of US around mid of 2022 for a month in order to earn one more month to push from max out date from Feb to Mar,2023. Is that advisable?

3. If yes, when I can travel before or after applying PERM

4. If I travel for a month and come back , how to apply extension when perm is pending

Thank you in advance!

[Kalpesh_Dalwadi]

@Pravish

What if my PERM is pending when I reach max out. Am I eligible to stay while PERM is pending or what are the options to stay

If your PERM is pending for more than 12 months on the day of your maxout, or approved before maxout date, you may be eligible for 1 year extension.

https://www.am22tech.com/i140-h1b-extension-or-transfer-after-6-years/

@Pravish

If I travel out of US around mid of 2022 for a month in order to earn one more month to push from max out date from Feb to Mar,2023. Is that advisable?

You can provided your employer is fine.

@Pravish

If yes, when I can travel before or after applying PERM

Whenever you want to, no issues as PERM is a future job. Make sure you have a valid H1B visa to enter back to the US.

@Pravish

If I travel for a month and come back , how to apply extension when perm is pending

You employer’s immigration lawyer will handle the extension. It is same as the H1B extension of status using form I-129 with copy of PERM application/receipt and other H1B supporting documents.

[Pravish]

Thank you so much for your quick response!