RasikaRJ Posted March 12, 2022 Report Share Posted March 12, 2022 Hi My PERM was filed on 04 Sept 2021. H1B will max out on 05 June 2022. I received a random audit from USCIS on 26 Feb 2022. Currently I can recapture 56 days based from my previous travels and stays outside of the U.S. However to be eligible for 7th year H1b extension, 365 days must have elapsed from the Priority date. I have my current visa stamped till June 5, 2022. So to be eligible for 7th year extension I will need 42 more days to recapture. Does it make sense to stay outside of U.S. (say March end to mid May) in order to recapture the additional days. With this travel option executed I can extend my H1B well beyond a year from my Priority date and then apply for the 7th year extension just in case if the audit processing takes so long. Is this travel option safe? Alternatively, my spouses I140 is approved, will it make sense to switch from H1B to H4 (avoiding any travel and H1B max out) and wait for the PERM processing to complete? Could someone help me with any other alternatives? Quote Link to comment
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