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Aj1001

PERM Filing in 6th Year. Chances to extend H1B with PERM.

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Hi,

I am in a situation were my last extension for H1B is in current stage and i am left over with 7 more months without adding my out of stay USA 4Months ( Visiting period in H1 to India for all my 5 Years). When i file my extension will i get all my out stay period in my extenstion inclusion or should i separatly file for another Extension to recapture outside USA months ?

Other Questions is what chances i have if i file my PERM next month and will i be able to get my Perm before Feb 2020 ? I am litrelly needing suggestion what options i have if i need to extend my H1B after 6th Year right now. And also if i go for a vacation before my 6th Year completion, Will be able to add that 1/2 months to Recapture period when i File ?

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Many people fall under this case as you can read from forum here. Their attorney/company just ignores limitation of H1b and try to file last moments.

Typically, when there is gap between approval of I-140 and end of H1b (6 years), candidate has to leave US and come back once I-140 approved and H1b extension is approved and stamped.

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So I would go to icert website and look for current  PERM processing times for 1) Normal cases 2) Audit cases. Based on the processing times and knowing when your PERM application is submitted, you can estimate the likely normal date and worst case date your PERM will likely be approved.

You would ofcourse need to plan for the worst case date -- which means your H1-B extension should have enough days to meet and exceed the PERM approval date, so that you don't have to leave the country. Since you already have 4 months of uncaptured time available, you can add to it by going on a vacation now ( I would advise as much vacation as you can take), returning before your H1-B expiry, and then filing for an extension for all the uncaptured time. Hopefully that should give you the time that you need to get the PERM approved and then I-140 approved. IF not, then you will have to leave the country at the date you max out the H1-b and return after I-140 approval ( which I don't envision being too long a period).

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