7th Year Extension with Perm Pending

[Savialo]

Hi,

My 6 years H1B is coming to an end in July 2020 and my Perm was submitted on Aug 13,2019. My perm is likely to go in Audit for DOL. If i leave the country after my 6 years is completed which will be in July 2020. Can i apply for by 1 year extension in Aug right after my 365 days period is completed, even if i am in INDIA ? Also is there any ways that i can continue in US without leaving the country ? Please advice.

My current visa is expiring in Feb 2020 and i am applying for extension till my Max-out (July 2020). I can really leave the country now for a vacation to catch up some time.

Thank you.

Edited December 19, 2019 by Savialo

[User099]

If you have visa and can take a vacation now, I think that will be a better option. You can come back in late January and apply for the catch up time. Before taking any further step, its better talk to an attorney as you are in a crunch situation and every day counts for you now.

[Mav777]

yes the company can file for a 1 year extension based on Pending PERM even when you are outside the country. It will have to be consular processing and you’ll have to get the visa stamped ofcourse before you can return.
 

As previously suggested you can increase your max out date by taking a vacation now and returning before Feb 2020 when your current H1 expires. The company can then file for a H1 extention as soon as you return to extend the maxout till Aug 13. And then if your pERm is still pending on aug 13 they could file for the 1 year extension, without you having to leave work and the country then.