Is 240 day rule applicable for H1B recapture extension - [PERM filed recently & No prior I-140]

[skipjack]

H1B 6th year max-out date: 15th January 2024.

Days that can be recaptured : ~80 days.

PERM filed in August 2023 (no chance of adjudication before H1B max-out date). No prior I-140 present. Immigration team is planning to file the recapture extension in normal mode citing that if the extension decision is not received before the max-out date, my work authorization will be extended based on the 240 day rule. Is this even possible in a H1B 6th year visa max-out scenario ?. Should I go with premium processing mode and get the recapture extension adjudicated before visa max-out date ?

[Attorney_20]

If your 6 years of time maxes out before the 240 days, you cannot continue working in the U.S. The only way to get more time to recapture is by spending more time outside of the U.S. before your max out period.

[skipjack]

Thanks for the insight. Does this mean that even if the immigration team file for ~80 days of recapture time in normal processing mode (which makes the proposed max-out date by the end of March 2024), I cannot stay in the US after January 15th 2024 if adjudication is still pending on initial max-out date?.

[Attorney_6]

It means that you in this case will not be able to stay or work in the U.S. in H1B status as of March 2024 as that is your max out date when including recapture, assuming a valid H1B extension/recapture was filed timely.