Hi, My H1B was due to expire in Aug 2020 but I've received an extension using recapture days till Nov 2020. My labor market test failed and lawyers plan to restart that step and recruiting efforts 4-6 months from now. 1) In the interim, could I leave the US around July, get my H1B stamped with the new Nov expiry, return by end of September and apply for ANOTHER recapture extension to buy me a couple of more months, while the PERM process progresses? 2) My employers would be fine with me working from an offshore location in India in order to buy few more months of H1B. Are there any legal concerns or limits to how much time I can work outside the country while still on H1B status? Would Immigration be concerned with the 2-3 months of time spent outside at the point of re-entry into the US? Thanks.
maychicago posted a topic in H1B : 7th Year ExtensionHi, My H1B expires in Nov 2020 including recapture. The labor market test failed as there was one qualified candidate found. Legal/HR need to wait 6 months until they can restart another labor market test for new applicants. For the PERM application, any skills that I picked up at my employer were not included. My manager had to ask interview questions based on my Masters education and prior internships. 1) In the current process, my Masters education along with internships was the only qualifying criteria hence pool of equally qualified candidates might be higher than usual. Could I work with my employer to change my role/duties so that my PERM will include the skills I've learnt in the last 6 years on the job? (We'll have to redo prevailing wage determination but we have a 6 month wait anyway so might as well consider other options). 2) Is there an official 6 month wait before another labor market test can be conducted? Thanks.