Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Sign in to follow this  

PERM Filed 6 months before H1B Max out. CHANCES & OPTIONS H1B Extension

Recommended Posts

My situation is, I have spend 5 years and 7 Month including vacations on H1B in USA and I back to India Jan 2019. My petition is expired at Mar 2019. My PERM filed Nov 2018 but last month it gose in Audit.  Please help me on below question and suggest option how I can keep status on H1B.

If my PERM will approve in coming month (mostly in Nov 2019) and apply for I -140. Once I-140 approve, can I apply for extension on old petition as my petition is already expired. 

As I have left 5 month to complete the 6 years criteria. We can renew your petition for 5 month only, so till how much year I renew it? Do we have duration constraint to renew petition from India?

Share this post

Link to post

Not sure if I understand correctly, but you left the country 5 months before your H1B expiry? Not sure why, you could have used up the full duration. Technically I think you can apply for a 5-month extension to capture the unused H1b time but not sure what the chances of approval will be.

Once I-40 is approved, the company can apply for a 3-year extension even when you are outside the country and your old H1b is expired. Once approved you can come back.

Share this post

Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this