Received Audit for PERM and leaving US before maxout

[Karan Salekar]

Hi,

Appreciate your time to respond to my post.

Here is my situation

H1B maxout - 01 April 2020

I94 expiry - 01 April 2020

PERM applied as of - 05 Sep 2019

PERM Status - Audit (as of 01/31/2020)

I have following questions

1) How early should i plan to leave US ? currently am planning to leave on 03/06/2020 (less than a month before max out) 

2) Is there any advantage if i keep 1 month in my 6 years and leave ?

3) While in India once i received PERM approval, can i apply for i140 in premium and then apply for H1B cap exempt ?

4) What if my client is changed at any stage for the same employer after i go back to India.

 

 

 

[User099]

1. 1 month should be good enough.

2. Its better.

3. Yes

4. Most likely will not impact your GC. Any way you have to file a new H1 to travel back. 

[Mav777]

1) As long as you leave by April 1 2020, it doesn’t matter.

2) No advantage. You don’t have to “leave “ time on your H1b. AC21 allows you to extend beyond 6 years after you have used it all up. Just don’t stay beyond April 1.

3) Yes. Alternatively if your perm for any reason is still pending by September 5 2020. You are eligible to apply for a 1 year h1 b ext based on a 365 day pending perm. 
 

4) gc is independent of H1b. When you apply for the h1b extension it will have to be based on the current job/client/ location etc. 

[Karan Salekar]

@User099  Thank you for your response,

4. The new H1 to travel back will be cap exempt or i will have to go through lottery ?

My manager is insisting me to leave only by 2nd week of March which leaves only 2 weeks in my max out, can you please provide any reference which i can show him to convince for an earlier exit date ?

[User099]

On 2/7/2020 at 10:35 AM, Karan Salekar said:

@User099  Thank you for your response,

4. The new H1 to travel back will be cap exempt or i will have to go through lottery ?

My manager is insisting me to leave only by 2nd week of March which leaves only 2 weeks in my max out, can you please provide any reference which i can show him to convince for an earlier exit date ?

You will be cap exempt and don't have to go through the lottery.

Leaving 2 weeks is fine, since you will have to go for a visa again.

[Mav777]

Again, earlier exit date is not required. You can leave by the last date of legal stay, i.e date on the I94 and i 797, whichever is earlier. Subsequent h1b renewal will be cap exempt.

[User099]

There are multiple reasons why its recommended to leave early. You don't want to stay till the last day and get struck here due to reasons that are beyond your control like Health, flight delays..etc.

[Mav777]

Sure a buffer is always good practice, but unfortunate events non withstanding, the point is the law doesn’t require to “leave” time on h1b for future extensions, as seems to be a common misconception.