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JhansiG

PERM pending and H1B 6 years ending soon

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Hi,

I am currently in my 6th year of H1B visa (ends Nov 23, 2019). My company initiated my PERM process and currently waiting for PWD approval. Assuming they would submit my PERM in June/July 2019, i guess my PERM will be under process while my visa ends and i need to go back to home country.

If my PERM and I-140 gets approved after i go to home country

  1. Can my company apply visa extension based on approval? or Will it have to be a new H1B visa under lottery process?
  2. If visa extension, can i travel immediately after latest visa stamping? or should i wait for 365 days?

Thanks in advance.

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If you don't get audited, your company might be able to just squeeze in the extension by the time your visa expires. Also, it would help if you've recapture days.

Specific to your questions: 

1. Once your i140 is approved, h1b can be extended. 

2. It's an extension so you can come back with a new stamp. 

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I have the same issue, 6 year H1B is getting expired next month, PERM is not approved yet. Can I leave to my country now to recapture  for visa extension. I need to get the Visa stamping also to come back. Please advise. Thanks.

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