H1 extn beyond max out

[h1perm]

Hello,

If my PERM and I140 is approved after my Max out date. Will I be able to apply for 3 year H1 extension in non cap.

Do I need to have some remaining time in my 6 year visa duration in order to apply for non cap H1 extension based on PERM and I140 approval after max out date?

[Mav777]

Read the other posts on this forum.

No remaining time necessary. Can file for a cap exempt 3year extension based on an approved I140 even after current h1’s over and the beneficiary is not in the country.

Edited February 23, 2020 by Mav777

[User099]

On 2/21/2020 at 1:16 PM, h1perm said:

If my PERM and I140 is approved after my Max out date. Will I be able to apply for 3 year H1 extension in non cap.

Yes.

On 2/21/2020 at 1:16 PM, h1perm said:

Do I need to have some remaining time in my 6 year visa duration in order to apply for non cap H1 extension based on PERM and I140 approval after max out date?

No

[h1perm]

Thank you all for your reply.  

I was just wondering if there is any advantage to keep some time remaining in my 6 year visa, while waiting for my PERM audit approval and subsequent I140 approval after max out in US. 

[User099]

I would not recommend to stay till the last day, but its upto you if you want to leave 1-2 months in the 6 year visa. But there is no real advantage in leaving 1-2 months if you don't have a visa to use it for traveling back.