H1B Max Out and PERM Pending what options do I have

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  • 4 weeks later...

Not many options at this point if your perm is still pending. You will have to leave the country latest by march 9. If the perm is still pending on march 22, the company can file for a 1 year h1 extension based on the 365 day pending perm. Once approved you will have to get it stamped and can return. 
alternatively, if the perm was approved prior to March 9, then the company needs to file for a 1-140 immediately. If the I-140 is approved  then an h1b extension can be filed. If both the i140 approval and the h1b extension filing happens before or by March 9 then you won’t need to leave the country. If both don’t happen then you will have to leave by march 9 and wait outside the country similar to scenario 1 and return after getting h1extension approval and stamping.

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