Does H1B extensions are allowed for 2 months while waiting for Perm approval

[Ankur Gyan]

Hi,

My H1B 6 year CAP limit ends on January 21 2024.

My PERM most probably will get filed on June 6 and my company is ok to file I140 in premium . Currently its under Recruitment phase 

To ensure I have back up options with me for the worst case scenario that my I140 process does not get done before my max out, I am currently looking at the following options:

1. I have 5 weeks of vacation time to recapture . Just before my max out will companies file H1B extension for 5 weeks ? This may increase my stay till Feb 25 2024 

2. Or I can also travel a max of 3 more weeks to increase my vacation time to 8 weeks (My company will not allow more than this vacation this year). Will companies file H1B extn for 8 weeks ? This may increase my stay till March 17 2024  

3. I also have B2 Visa with me , is it advisable to shift to B2 on Jan 20 2024 and wait for I140 to approve 

4. Last option for me is to move out of US before my max out

[Attorney_16]

It is always best to discuss your current situation with an attorney.  A person can recapture any of the time they were outside the US during their 6 years in H1B.  In order to extend your H1B past the natural 6 years, the Labor Certification must be filed and pending 365 days or you have the I-140 approval. As the DOL is taking 9-12 months to adjudicate the Labor Certification, it is best to discuss any recapture time, change of status to a new nonimmigrant status, or departure from the US with an attorney.