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...

PERM - 6 years max out

Recommended Posts


My employer filed PERM in Sept-2020, I’m not sure will I get the approved PERM, I-140 and H1 extension before the 6 years max out in March-2021.

Currently US immigration processing June-2020 PERM application as of Nov 30th 2020.3)   

My employer is US based company do not have office or branch in India (home country).

1)    If I have to leave US and work from home country, will my employer able to run the US payroll legally for me until I get the approved PREM, I-140 & H1 extensions.

2)    If incase my employer cannot run the US payroll for my remote working from home country. What are the options my employer have to keep me in the on-going work?

3) If my employer cannot run the US payroll for my remote working from India (or home country), will this have any issue while filling the I-140 and H1 extension due to missing recent payslip after my 6 year max out period.


Edited by Sarah1perm

Share this post

Link to post

Hello Sara,

Even am on the same situation where my max out is in April-20201 second week. And my perm filed by my employer in Sep-2020 and they don't have any branch office back in home country(India). Am currently getting in touch with case manager/ attorney to look for any alternatives if perm is not certified by March end. I will share the responses once i hear back from them. Please do update this page if you hear anything on your questions that you posted.  

Also i do want to check what happens if my I140 approves the day after my max out? 

Share this post

Link to post

based on analyze here are the option which I come to know

1) Recapture days stayed outside US (if any) via H1 extension

2) Move from H1 to H4 if your spouse working in US

3) Move out to home country and work as a contractor to your employer with some consulting firm

Even if you end up leaving the US country due to max out, this will not impact the I140 and H1 extension process.

4) Moving to B1/B2 visa but you cannot work. I guess this take lot of time for approval for moving in/out of B visa (not sure).

5) If employer ready to apply Canada work permit and move to Canada and work. Again it take lot of time to get approval I guess.

There is whatsapp group for PD-Sept-2020. Also track the perm process in ********. 

Share this post

Link to post

Hi Sara,

I am also similar situation. PERM Filled on Nov/2020 and H1B Visa Maxout valid till May/04/2021.

 (No options for H4, family members are with H4).

Do we have any grace period to stay in USA after Maxout ?


Is there an any other possibilities to continue my stay in USA ?.


Share this post

Link to post

I am also in same situation and my employer is saying I need to be USA to file my i140. But that only possible if my perm get approved before the max out and that is totally impossible with the current speed of DOL.

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