PERM still awaited and H1B max-out is near

Hi Amit et. al,

My PERM still awaited and my H1B Visa is going to max out soon.

(1) PERM filled in Aug 1st 2021, hope is that will get approved by Mid of End of Jan 2022.
(2) My H1B Max out date is 16 Feb 2022.
(3) I-140 might take some time to file and might get approved in another 15 days in premium.
(4) Post I-140 or together need to file H1B extension.

My estimation is purely hypothetical. Point is that I might have to leave US in February questions are-
(1) Is it OK if i leave US on 12 Feb as these 12 days of Feb may give me a window of hope. Provided if i leave Us on 12th Feb my H1B is still active and can be extended further after I-140 approval and me being in India at that point time(whatever the time is, i guess March or April 2022).
(2) Hypothetically, if I-140 gets approved on 11th Feb and I file H1B extension will I be eligible for 240 days stay criteria as H1B extension approval may take another 1-2 weeks i.e. after max out date.


Yes this should be ok. Does your max out date include any recapture the time? If not you can apply extension to recapture.

As far as it is timely filed (before I-94 expiry) EOS, you should be good.