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kishore kakarla

H1B 6 years maxed out but H1B approved beyond 3 months

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Here is my situation.

H1B maxout - 24 May 2020 and 20 June 2020 including recapturing time

I94 expiry - 01 Sep 2020(This might be a mistake from USCIS, giving 3 months of 1-94 beyond 6 years)

PERM applied as of - 03 Sep 2019

PERM Status - Audit (as of 03/31/2020)

Now my attorney suggested to leave country before  20 June or change of status after 20 June.

I am planning to leave country in May but I have a son who is USC and Indian gov is not giving any visas until now.

My question is, can I create a service request to USCIS to extend my stay because my USC son is not getting visa from India and I have valid I-94 till Sep 2020 ?

Edited by kishore kakarla

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Yes, applying for a COS to B2 is a safe alternative to maintain valid status. You will ofcourse have to stop working by the max out date. 
The COS application will take 5-6 months to process, by then you will have reached your 365 days pending PeRm in sep 2020, and can apply for a  1-year h1b extension based On pending perm

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