H1B getting revoked and Perm being processed


subpro

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Hi,

I have my 6 years H1B tenure getting over by 1st week of March 2021. I am working with a consultancy and my current project's contract is getting over by Dec 31st, 2020. My consultancy will keep me bench for 3 weeks and will revoke the H1B afterwards - if a project is not found by then(which is pretty much the possibility since no one will hire me for just 2 months). They are already processing my Perm and even when I am back to my native country, they have assured that the processing will continue. My questions are:

1. Since my H1B would be revoked after 3 weeks in bench(which is before to actual H1B finish date), can we request for extension on same H1B once I get my I-140 approved ? That time I will be in my home country.

2. In case same H1B can not be utilized for extension because it was revoked, can we apply for new H1B with cap-exempt(without lottery) since I would have approved I-140 by then ? 

3. Once my consultancy revokes the H1B, can I stay in US even after that legally for any grace period ?

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  • 2 weeks later...

When did your employer apply for your PERM?  

You can apply for a 7th year H1B extension if the approved PERM was filed 365 days or more prior to the H-1B Extension application. If you are falling short of 365 days, attorneys recommend using H1B recapture time to reach the 365-day limit.  Your current employer may be able to file an extension for seventh year, if you qualify for this rule.

Approved I-140 will help you get extensions on your current approved H1b.

Once you are laid off, you have 60 days to find another job.

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