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

Ankur Gyan

Recommended Posts


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

Link to comment
  • 2 months later...

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.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.