H1B extension while PERM pending

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Hi - I have an H1B extension filing coming up (August 2023), with my current H1B expiring end of Feb 2024 and my PERM application pending (priority date - Oct 2022). I have a couple questions about this -

  1. If I get my H1B extension approval before Feb 2024, which is when the current H1B expires, can I get a new stamp before the old visa expires?
  2. Are there any restrictions to traveling while the petition for extension is pending?
  3. What happens if my PERM approval comes through before Feb 2024?

Thank you in advance for any inputs!



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  • 3 weeks later...

You generally can have an H1b visa valid for 3 years.  If you were to apply for a new H1b visa, the old visa may be subject to cancellation. 

The impact of travelling while an extension is pending depends on several factors.  You should consult with an experienced immigration attorney for advise depending on your circumstances.  The third question is too vague.  It's best you consult with an attorney.

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