Received Audit for PERM and leaving US before maxout

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Appreciate your time to respond to my post.

Here is my situation

H1B maxout - 01 April 2020

I94 expiry - 01 April 2020

PERM applied as of - 05 Sep 2019

PERM Status - Audit (as of 01/31/2020)

I have following questions

1) How early should i plan to leave US ? currently am planning to leave on 03/06/2020 (less than a month before max out) 

2) Is there any advantage if i keep 1 month in my 6 years and leave ?

3) While in India once i received PERM approval, can i apply for i140 in premium and then apply for H1B cap exempt ?

4) What if my client is changed at any stage for the same employer after i go back to India.




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1) As long as you leave by April 1 2020, it doesn’t matter.

2) No advantage. You don’t have to “leave “ time on your H1b. AC21 allows you to extend beyond 6 years after you have used it all up. Just don’t stay beyond April 1.

3) Yes. Alternatively if your perm for any reason is still pending by September 5 2020. You are eligible to apply for a 1 year h1 b ext based on a 365 day pending perm. 

4) gc is independent of H1b. When you apply for the h1b extension it will have to be based on the current job/client/ location etc. 

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On 2/7/2020 at 10:35 AM, Karan Salekar said:

@User099  Thank you for your response,

4. The new H1 to travel back will be cap exempt or i will have to go through lottery ?

My manager is insisting me to leave only by 2nd week of March which leaves only 2 weeks in my max out, can you please provide any reference which i can show him to convince for an earlier exit date ?

You will be cap exempt and don't have to go through the lottery.

Leaving 2 weeks is fine, since you will have to go for a visa again.

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