PERM approved but i140 and H1B Extension Very Close to max-out

USA
1

Hi Anil,
Can you please help me to answer ? Below are my details:
PERM filed: 11/30/2018
My PERM approved: 3/19/2019
H1B max-out including all recapturing period: 7-April-2019
H1B i94 Date in i797: 17-April-2019
Employer is going to file i140 in premium against EB2
I am worried when my attorney will receive PERM hard copy to file i140.

Is there anyway to extend my stay in USA beyond my i-94 period ?

Because i have only 27 days left. What are all the chances for me to extend my stay without exiting out?

my attorney says if there are delays in filing my extn based on i140 then they will go for consular processing ?

I dont know what is meant by consular processing.

COuld you please explain ? Is it safer to go for consular processing ?

I am FTE with masters with an US bank. Appreciate your inputs please. Thank you.

2

H1B Recapture Time Extention

You can file an interim H1B extention to Recapture all your days spent outside USA and push the H1B max out date forward.

Example: if you have spent 1 week per year outside USA on vacation in last 6 years of H1B, you can file an H1B extention to add 7*6 = 42 days to your H1B max out date.

H1B consular processing

Consular processing means that you will have to go out of US and get H1B visa stamped in your passport and then re-enter US.

3

Thanks Anil but i have already used all my recapturing days, i.e. recapturing already helped me to extend from Dec-2018 to April-2019.

So, i am not sure if it is good to travel now and come back before 7-April-2019(Work expiration date in i797) or before 17-April-2019(i94 expiry date in i797) to file interim extn that you have suggested as i have only close to 1 month left(max-out) ?

Also, Is there an option to file H1B extension via consular processing as premium ?

4

You did not mention earlier that you have already used recapture.

There is no other interim H1B extention option other than recapture.

If your i140 does not get approved before 6th year max date, my suggestion is to leave US.

5

Ok buddy, Sorry i’ve mentioned earlier on the main section, Apologies if it was not clear. Thanks for your suggestion Anil.

6

Oops my bad.
Looks like i am answering too many questions too quickly.

Need to slow down a bit.

7

hi Anil,

Mine is kinda similar situation. My PERM was filed in January and my employer says it will get approved by April end or May first week, then I140 will be filed in premium. My Max out is on May end. He advises me to wait until the last day and see how it goes. I am not comfortable to wait till last day, im thinking to leave by May first week.
But i wanted to know, what are the disadvantages if i had to stay back till the last date? I heard the H1B extension will not be cap-exempt in that case, even after I140 got approved? Is that True.

Thank you and i really appreciate the help you provide in this forum.

8

Hi @hima

What you have heard is NOT true.

Normally, Attorneys suggest to leave 60 days ahead of your H1B max out date to be on absolutely safe side. This helps create a good case for your H1B 7th year extension once your i140 has been approved.

Even if you leave a week before max-out, you should be fine.

9

A post was split to a new topic: How much gap to leave H1B max out before filing B2 COS?