Karan Salekar Posted February 5, 2020 Report Share Posted February 5, 2020 Hi, 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. Quote Link to comment
User099 Posted February 6, 2020 Report Share Posted February 6, 2020 1. 1 month should be good enough. 2. Its better. 3. Yes 4. Most likely will not impact your GC. Any way you have to file a new H1 to travel back. Quote Link to comment
Mav777 Posted February 7, 2020 Report Share Posted February 7, 2020 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. Quote Link to comment
Karan Salekar Posted February 7, 2020 Author Report Share Posted February 7, 2020 @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 ? Quote Link to comment
User099 Posted February 10, 2020 Report Share Posted February 10, 2020 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. Quote Link to comment
Mav777 Posted February 11, 2020 Report Share Posted February 11, 2020 Again, earlier exit date is not required. You can leave by the last date of legal stay, i.e date on the I94 and i 797, whichever is earlier. Subsequent h1b renewal will be cap exempt. Quote Link to comment
User099 Posted February 12, 2020 Report Share Posted February 12, 2020 There are multiple reasons why its recommended to leave early. You don't want to stay till the last day and get struck here due to reasons that are beyond your control like Health, flight delays..etc. Quote Link to comment
Mav777 Posted February 14, 2020 Report Share Posted February 14, 2020 Sure a buffer is always good practice, but unfortunate events non withstanding, the point is the law doesn’t require to “leave” time on h1b for future extensions, as seems to be a common misconception. Quote Link to comment
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