H1B extension and PERM filing after H1B expiry Date

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I have stayed in USA for almost 6 years and have returned to my home country when few more days were left in my H1B. Date of my H1B Expiry was 17-JAN-2016. I left USA for good on 30-Dec-2015.  Since I want to work in US now, my current employer filed a new H1B. But my application did not get selected in lottery process.

Hence I would like to check whether I can file  H1B OUT OF CAP with my little period left from my previous H1B and the process to file for PERM after that. Below are my entry and exit dates to USA. Assuming total number of days permitted for H1B is 2190 days ( 6years 365*6 ). Seems I have 12 more days left on my previous H1B.  It would be great if someone could guide me in this regard. 

Entry Exit Days  
15-Jul-06 9-Nov-07 483  
9-Dec-07 21-Feb-09 441  
22-Aug-10 25-Feb-11 188  
20-Mar-11 21-May-12 429  
5-Sep-13 7-Feb-14 156  
21-Aug-14 30-Jan-15 163  
16-Feb-15 30-Dec-15 318  
    2178 Total Days


Thanks in Advance!!

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  • 5 months later...

Old post, but I’ll respond. Not sure why you would want to file for h1b extension for 12 days?? I don’t think any company would think that’s feasible.

The perm and subsequently i140 can be filed while you are out of the country. You are not required to be on h1 status for filing of that paperwork— since it is for a separate future job, different from the h1b job.

in any case, looks to me the only option is to try again for h1b under the CAP for this year or wait till 1-140 is approved or perm is pending for 365 days to apply for a cap exempt h1 extension.


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