GC processing before H1B maxout

[ppalaniyappan]

Hi,

 

I work for a company ABC through H1B and my H1B will be max out by 10/22/2019. My Employer has just filed a Prewailing wage determination this month and it may take 3-4 months to approve. 

After that I will have to file for PERM and it may take 5-6 months and then the i140 filing.

I Just have 7 months for my max out and I do not have time till i140 process. What should I do now? Please help me on this.

[care_candidate]

Talk to your employer and their attorney immediately.

Most likely in these kind of cases (I have seen at least two of personal friends and some more went through), you will have to return to home country on last day of your H1b visa and plan to return (If everyone else play their role while you are gone) when I-140 is approved and H1b extension is active. 

[nikg55]

I am in the same boat as @ppalaniyappan.  My H1B ends in  6 months from the time of writing this question.

I was wondering if I would still be eligible for a CAP exempt H1B visa assuming my I-140 is approved one or two years after my H1B period ends. 

[care_candidate]

Guys

@nikg55 @ppalaniyappan

You are wasting time posting here and waiting for reply. In your case every day is so critical that you could alter your whole career because of loosing time. It is extremely important in such cases not to lose time.

[adshah84]

On 4/5/2019 at 9:33 AM, nikg55 said:

I am in the same boat as @ppalaniyappan.  My H1B ends in  6 months from the time of writing this question.

I was wondering if I would still be eligible for a CAP exempt H1B visa assuming my I-140 is approved one or two years after my H1B period ends. 

Yes you will be cap exempt once your I140 is approved. 

[rara5]

In both cases, you will have to leave the country on the day your H1-B ends. Could file for a COS  before H1B expiry to H4 (if that's an option) or F1 (not advisable) but it's a risky option.

The earliest you can come back is 365 days after the date your PERM was applied (if the PERM is still pending) or after your I-140 is approved. In both events the company can file for a H1-b extension-- based on a 365-day pending PERM (1-year extension) or an approved I-140 (3-year extension). Once the extension is approved for consular processing, you will need to get stamped and can come back.

So yes AC21 allows for H1-B extension after the H1-B has been expired and the beneficiary is out of the country, based on the pending PERM or approved I-140.