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I am in a situation were my last extension for H1B is in current stage and i am left over with 7 more months without adding my out of stay USA 4Months ( Visiting period in H1 to India for all my 5 Years). When i file my extension will i get all my out stay period in my extenstion inclusion or should i separatly file for another Extension to recapture outside USA months ?

Other Questions is what chances i have if i file my PERM next month and will i be able to get my Perm before Feb 2020 ? I am litrelly needing suggestion what options i have if i need to extend my H1B after 6th Year right now. And also if i go for a vacation before my 6th Year completion, Will be able to add that 1/2 months to Recapture period when i File ?

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  • 4 weeks later...

Not clear what exactly you are asking. How will you file for an extension if your PERM isn't  even filed yet? But if you're saying that in the next 7 months you expect the PERM and I-140 approved and then you'll file for an extension, then in that case your out of the country stay will not be added. You will simply get the three year extension.

The extension to recapture H1B time is generally applied for as a sort of bridge to prolong your stay in the country till you can file for a proper extension.

If your PERM is being applied for soon then it is likely to be certified before FEB 2020 if not audited. If audited, only then you should apply for the recapture H1B time extension just prior to Feb 2020, so that your stay is extended another 5-6 months, which would bring that date within the 365-days of your PERM being filed. In which case you can file for a 1-year extension based on a pending PERM. This way you can maintain continuity working and living in the country.

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