H1B extension for recapturing vacation in 6th year while PERM is in process.

[sandjais]

Hi All,

Due to Personal issue i have to travel India for duration of 3 month ( NOV 2015 to Feb 2016).

 

Recently i got my i-94 Extension which is having validity till Mar 15, 2016 ( I- 797 validity)

My Max out date ( including all vacation) in USA is also Mar 15, 2016 .

 

My PERM/Labour has been filed and it is in process.

 

Just want to know whether i can file i-94 extension to recapture my vacation from  3 month ( NOV 2015 to Feb 2016) once i will be back to USA so that i can get further extension beyond Mar 15, 2016​.

 

It might help me to gain around 3 month which gives me some buffer time to get my Perm Approval & i-140 ( Premium ) if needed.

 

Thanks in advance for your response.

[Jyothis]

Yes you should be able to recapture the time out of country.